GREGORY HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORY HERNANDEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
556 So. 2d 1233
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find merit only in appellant’s second point. The guidelines indicated a sentence of community 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brown v. State, 561 So. 2d 17 (Fla. 2d DCA 1990)…was not entitled to do so thereafter in a written order. In order to impose costs, a defendant must have notice and an opportunity to be heard. Wood v. State, 544 So. 2d 1004 (Fla.1989); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Joseph v. State, 556 So. 2d 1233 (Fla. 2d DCA 1990). In this case, the trial court’s comments during the sentencing hearing did not serve as notice that it was imposing costs upon Brown, but merely left the issue open for further determination. Additionally, there was no determinat…
Authorities Cited
- Hair v. State, 539 So. 2d 23 (Fla. 2d DCA 1989)
- Damasco Garcia v. State, 539 So. 2d 23 (Fla. 2d DCA 1989)