TYRONE POWER MONROE APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
Tyrone Power Monroe appeals his conviction and sentence for attempted felony murder. We affirm the conviction. He was sentenced to 22 years in prison and two consecutive years of community control. The two years of community control is challenged on appeal as a guideline departure without written reasons since the recommended guideline sentence was 17 to 22 years in prison. Community control, unlike probation, cannot exceed (when added to incarceration) the recommended incarcerative sentence without valid written reasons for departure. See State v. Van Kooten, 522 So. 2d 830 (Fla.1988); State v. Mestas, 507 So. 2d 587 (Fla.1987); Elliott v. State, 528 So. 2d 98 (Fla. 2d DCA 1988).
Accordingly, we strike the two year community control consecutive sentence.
Judgment AFFIRMED; Sentence AFFIRMED as Modified.
SHARP, G.J., and DANIEL, J., concur.
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Citator
Cited By
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Smith v. State, 555 So. 2d 1315 (Fla. 5th DCA 1990)…). Based on Smith’s scoresheet, three years in prison is the maximum bump-up allowed without giving written reasons for departure, and the addition thereafter of community control further exceeds the permissible guidelines sentence. Monroe v. State, 539 So. 2d 574 (Fla. 5th DCA 1989). See State v. VanKooten, 522 So. 2d 830 (Fla.1988); Williams v. State, 525 So. 2d 458 (Fla. 2d DCA 1988). Accordingly, we affirm Smith’s convictions in all three cases, but we reverse the sentences imposed and remand for resen-…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- State v. Mestas, 507 So. 2d 587 (Fla. 1987)
- Elliott v. State, 528 So. 2d 98 (Fla. 2d DCA 1988)