CHARLES RANDOLPH BOOKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES RANDOLPH BOOKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
538 So. 2d 978
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Booker appeals the legality of his sentence, contending that although the recommended guidelines sentence was 12 to 30 months’ incarceration or community control, the court sentenced him to 24 months’ incarceration to be followed by 9 months’ community control. As the state concedes the sentence is illegal under the recent decision in State v. VanKooten, 522 So. 2d 830 (Fla.1988), the sentence is vacated and the cause is remanded for resentencing.
SHIVERS, ZEHMER and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Timmie Lewis Parker v. State, 546 So. 2d 727 (Fla. 1989)…OVERTON, Justice. We have for review Parker v. State, 538 So. 2d 978 (Fla. 1st DCA 1989), in which Parker challenges the validity of his habitual offender sentence because the trial court’s findings were not in writing. The district court affirmed the sentence and acknowledged conflict with Hoefert v. State, 509 So.…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)