MARCUS REED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court sentenced appellant to one year of community control to be followed by two years probation. This sentence is contrary to this court’s holding in Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985). Accordingly, we reverse the sentence imposed by the trial court and remand this cause for resentencing within the sentencing guidelines.
In so doing, we are aware of the December 19, 1985 amendment to the committee note for Florida Rule of Criminal Procedure 3.701(d)(13) indicating that it is appropriate to impose a sentence of community control to be followed by a term of probation. In light of that note, we certify the following question as one of great public importance:
WHEN SENTENCING WITHIN THE GUIDELINES, MAY A TRIAL COURT IMPOSE A SENTENCE OF COMMUNITY CONTROL TO BE FOLLOWED BY PROBATION IF THE TOTAL SEN TENCE DOES NOT EXCEED THE TERM PROVIDED BY GENERAL LAW?
REVERSED and REMANDED.
DELL and GUNTHER, JJ., concur. LETTS, J., concurs specially with opinion.
LETTS, Judge,
concurring specially.
I hope the supreme court will answer the certified question in the affirmative. I was the author of Chessler in which we approved the analysis set forth in the First District’s Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1985). Upon reflection, however, I find it difficult to justify a requirement that a defendant must go to prison in order to be put on a term of successive probation.
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Denson v. State, 556 So. 2d 823 (Fla. 1st DCA 1990)…us language of those sections has been the subject of conflicting constructions by different district courts of appeal as to whether the statutes do authorize such a sentence. Compare Cox v. State, 550 So. 2d 1169 (Fla. 4th DCA 1989); Reed v. State, 545 So. 2d 891 (Fla. 4th DCA 1989); Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985); Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984); with Petras v. State, 486 So. 2d 44 (Fla. 5th DCA 1986); Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986). As the…1 / 2
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Daigle v. State, 552 So. 2d 347 (Fla. 5th DCA 1989)…DAUKSCH, Judge. This is an appeal from a sentence imposing two years community control followed by one year of probation. Appellant urges this is an illegal sentence and cites Reed v. State, 545 So. 2d 891 (Fla. 4th DCA 1989); Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985); and Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984) as authority. Appellee disagrees and cites the 1985 amended note to 3.701 d.13. Florida Rules of Criminal Procedu…
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State v. Reed, 557 So. 2d 33 (Fla. 1990)…PER CURIAM. We review Reed v. State, 545 So. 2d 891, 892 (Fla. 4th DCA 1989), in which the Fourth District Court of appeal certified the following question as one of great public importance: WHEN SENTENCING WITHIN THE GUIDELINES, MAY A TRIAL COURT IMPOSE A SENTENCE OF COMMUNITY CONTROL TO BE FOLLOWE…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chessler v. State, 467 So. 2d 1102 (Fla. 4th DCA 1985)
- State v. Schaffer, 464 So. 2d 1218 (Fla. 4th DCA 1984)
- Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984)