RALPH MONROE HAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-03-03
No. 87-1099
DANAHY, A.C.J., and HALL, J., concur.
539 So. 2d 23 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 3 cases
Opinion of the Court
FRANK, Judge.

FRANK, Judge.

The appellant Hair has appealed from a guidelines sentence greater than the permissible one-cell increase following the violation of probation. The trial court’s sentencing order contains a detailed statement of Hair’s criminal history, and undoubtedly the major impetus for departure was his “pattern of behavior indicating he is clearly a menace to society and a danger to the public.” We held this very reason for departure invalid in Miller v. State, 519 So. 2d 1118 (Fla. 2d DCA 1988), and we must again reject it.

Reversed and remanded for sentencing within the guidelines.

DANAHY, A.C.J., and HALL, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Hernandez v. State, 556 So. 2d 1233 (Fla. 2d DCA 1990)
    …y control or twelve to thirty months incarceration. However, appellant was sentenced to both eighteen months incarceration and eighteen months community control. This is a departure sentence, requiring written reasons for departure. Garcia v. State, 539 So. 2d 23 (Fla.2d DCA 1989). There were no written reasons given in this ease. Accordingly, we affirm judgment but vacate the sentence herein and remand for resentencing. SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.…
  • Harris v. State, 564 So. 2d 283 (Fla. 5th DCA 1990)
    …ity control. This combination of incarceration and community control constitutes an unauthorized departure from the second cell. See State v. VanKooten, 522 So. 2d 830 (Fla.1988); Belcher v. State, 559 So. 2d 448 (Fla.5th DCA 1990); Garcia v. State, 539 So. 2d 23 (Fla.2d DCA 1989). We therefore reverse the sentences and remand for resentencing. Split sentences may be imposed within the second cell if probation is substituted for community control. See Loomis v. State, 531 So. 2d 423 (Fla.5th DCA 1988). SEN…
  • ROA v. State, 574 So. 2d 1126 (Fla. 2d DCA 1991)
    …ee Bradley v. State, 558 So. 2d 516 (Fla. 1st DCA 1990). See also State v. Simpson, 554 So. 2d 506 (Fla.1989). Finally, the third reason listed for departure, that defendant is extremely dangerous, has been held invalid by this court. Hair v. State, 539 So. 2d 23 (Fla. 2d DCA 1989). We affirm the trial court s finding that Roa violated his community control. We reverse the sentence and remand for the court to sentence Roa within a range which permits no more than a one-cell “bump” above the recommended sent…

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