STATE OF FLORIDA, PETITIONER,

v.

DARYL DAVID BODINE, RESPONDENT

Citator

Cited By (76 total)

• Trotter v. State, 576 So. 2d 691 (Fla. 1990)
  …of Appeal, recognizing Mestas, found that community control cannot serve as a substitute for probation and thereby extend a sentence beyond the guidelines range, as can probation, without departure reasons [*696] being given. In State v. VanKooten, 522 So. 2d 830 (Fia.1988), we found that a combined sentence of community control and incarceration represents a sentencing guidelines departure. This would not be true if community control were not the same as imprisonment. In guidelines sentences the first cell…
• State v. Davis, 630 So. 2d 1059 (Fla. 1994)
  …guidelines, it appears somewhat peculiar to consider the combined sanctions to be a departure. Davis v. State, 617 So. 2d 1139, 1140 (Fla. 1st DCA 1993). I would uphold Davis’ sentence if it were not for the clear language of State v. Vankooten, 522 So. 2d 830 (Fla.1988), in which I did not participate.…

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• Waldron v. State, 529 So. 2d 772 (Fla. 2d DCA 1988)
  …ly held that “when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure.” State v. Van Kooten, 522 So. 2d 830 (Fla.1988). We note the able trial judge below did not have the benefit of the foregoing decision at the time of sentencing. Applying Van Kooten to the circumstances of this case, we issued an opinion [*774] affirming and reversing in part the acti…

Authorities Cited

• State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
• Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986)
• Bodine v. State, 517 So. 2d 782 (Fla. 5th DCA 1988)