HORACE REESE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A sentence of community control with a special condition of jail time is not a departure from the recommended guidelines sentence.
Defendant was placed on community control for two years with a special condition of 51 weeks in county jail. He appealed, arguing this was a departure…
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ORFINGER, Judge.
The defendant was placed on community control for two years, with a special condition that he spend 51 weeks in the county jail. He appeals, contending that this is a departure from the recommended guidelines sentence of 12 to 30 months’ incarceration or community control, and relies on State v. Van Kooten, 522 So. 2d 830 (Fla. 1988) for support. We affirm.
Van Kooten held that a sentence of state prison and community control was a departure from the recommended guidelines sentence of 12 to 30 months’ incarceration or community control, requiring proper written reasons for departure. Van Kooten had been sentenced to 30 months’ incarceration to be followed by two years’ community control. See Van Kooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987). In approving this court’s opinion in Van Kooten, the supreme court also approved Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987) which had held that a similar sentence was a guidelines departure, and disapproved Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986) where the Second District had upheld a sentence of imprisonment for two years to be followed by two years’ community control, in the face of a guidelines sentence of 12 to 30 months’ incarceration or community control.
Those cases are not apposite here. In this case the court imposed only community control for two years. The special condition that appellant spend 51 weeks in the county jail is part of that two year period, not consecutive to it. There is no state prison time added to the community control as it was in Van Kooten, Hankey and Francis. Section 948.03(7), Florida Statutes (1987) specifically recognizes the power of the trial court to impose a period of incarceration in the county jail not to exceed 364 days as a condition of community control, and we find nothing in the guidelines to the contrary.
AFFIRMED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Collins v. State, 596 So. 2d 1209 (Fla. 1st DCA 1992)…rmitted under the guidelines, reasoning that a departure sentence does not result where the combined sanctions do not exceed the maximum guidelines incarcerative period. Accord Yukanovitz v. State, 547 So. 2d 722 (Fla. 1st DCA 1989); Reese v. State, 535 So. 2d 676 (Fla. 5th DCA 1988). The sentencing guidelines scoresheet used in this case contained a total score of sixty-four points, placing appellant in the recommended sentencing range of any non-state prison sanction. See Fla.R.Crim.P. 3.988(g). The next h…
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Yukanovitz v. State, 547 So. 2d 722 (Fla. 1st DCA 1989)…trol. Distefano v. State, 526 So. 2d 110, 115 (Fla. 1st DCA 1988). In Distefano, we approved the trial court’s imposition of a two-year term of community control with the condition that 364 days be served in the county jail. Accord, Reese v. State, 535 So. 2d 676 (Fla. 5th DCA 1988) (sentence of two years of community control with condition that defendant spend 51 days in county jail held not a departure from the recommended range of community control or 12-30 months incarceration). Whether a different resul…
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Tillman v. State, 555 So. 2d 940 (Fla. 5th DCA 1990)…to the effective date of the amendment, it is indicative of the manner in which the prior guidelines should be interpreted. See generally Lowry v. Parole and Probation Com’n., 473 So. 2d 1248, 1250 (Fla.1985). I further suggest that Reese v. State, 535 So. 2d 676 (Fla. 5th DCA 1988) is erroneous, and in view of the amendment to the guidelines, we should recede from it. . Incarcerate means "[t]o put in jail, to shut in; confine.” (emphasis added) The American Heritage Dictionary (Second College Edition) at 6…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986)
- Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987)
- State v. Demas, 512 So. 2d 214 (Fla. 3d DCA 1987)
- VanKOOTEN v. State, 512 So. 2d 214 (Fla. 5th DCA 1987)