BRIAN JOHN DAIGLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A sentence of community control followed by probation is permissible.
Appellant was sentenced to community control followed by probation. Appellant argued this sentence was illegal, citing prior case law. Appellee pointe…
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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 Procedure which says, inter alia,
It is appropriate to impose a sentence of community control to be followed by a term of probation.
The Committee Notes to the Florida Rules of Criminal Procedure are to be given the respect due the rules themselves; they are approved by the supreme court when adopted and published. Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985).
Given the supreme court’s sanction of this sentencing procedure we affirm the sentence in this case. Rule 3.701 d.13. defines community control as “a form of intensive supervised custody in the community involving restriction of the freedom of the offender.” Thus, it is less restrictive than prison but more so than probation. Since it is lawful and proper to sentence one to prison-followed-by-probation it follows logically to be lawful and proper to permit a community-control-followed-by-probation sentence.
We certify conflict with Reed, Williams and Chessler and hereby certify the same question certified in Reed as being of great public importance.
AFFIRMED.
SHARP, W. and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Edwards v. State, 554 So. 2d 674 (Fla. 5th DCA 1990)…rights of section 27.56(7), Florida Statutes (1985) were not waived by the defendant’s execution of an affidavit of insolvency which had authorized the court to set attorney’s fees and impose a lien without notice of hearing. See also Reed v. State, 552 So. 2d 347 (Fla. 5th DCA 1989). The judgment is affirmed but court costs imposed pursuant to sections 943.25(4), (8), 960.20 and 27.3455, Florida Statutes (1987) and the lien for attorney services imposed pursuant to section 27.56, Florida Statutes (1985) ar…
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Thurman Murray RAY v. State, 556 So. 2d 495 (Fla. 1st DCA 1990)…d the Committee Notes as part of the official sentencing guidelines); and Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985) (committee notes are entitled to [*498] the same force and effect as the sentencing guideline rule itself); Daigle v. State, 552 So. 2d 347 (Fla. 5th DCA 1989) (sentence of community control followed by probation is valid sentence as expressly authorized by 1985 amended note to Rule 3.701(d)(13), Florida Rules of Criminal Procedure). Here, both the rule and the committee notes were amen…
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Brown v. State, 556 So. 2d 542 (Fla. 5th DCA 1990)…e assessed in accordance with due process requirements. See Wood v. State, 544 So. 2d 1004 (Fla.1989); Harriet v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Reed v. State, 552 So. 2d 347 (Fla. 5th DCA 1989). AFFIRMED AS MODIFIED. COBB and GOSHORN, JJ., concur.…
Authorities Cited
- Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985)
- 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)
- Reed v. State, 545 So. 2d 891 (Fla. 4th DCA 1989)