SANDRA CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
Sandra Campbell has appealed from her sentence imposed following a plea of guilty to possession of heroin with intent to sell or deliver; battery on a law enforcement officer; two counts of possession of heroin; and two counts of delivery of heroin. All of these crimes occurred on September 3 and 4, 1987. She was sentenced to thirty months in prison on the charge of possession of heroin with intent to sell, followed by placement on community control for two years on the charge of battery on a law enforcement officer and a concurrent two-year term of community control for possession and delivery of heroin. The score-sheet called for community control or twelve to thirty months in prison.
Our supreme court, in Van Kooten v. State, 522 So. 2d 830, 830-831 (Fla.1988), held that “when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines requiring proper written reasons for departure.” On remand, the court may depart if it states valid, written reasons. Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988).
Reversed and remanded for resentencing.
RYDER, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stinson v. State, 590 So. 2d 31 (Fla. 5th DCA 1991)…nity control. Two of the alternative sanctions are being combined here, as a matter of substance and reality. Use of the magic words “on the condition that” does change that fact.3 . State v. VanKooten, 522 So. 2d 830 (Fla.1988); Campbell v. State, 558 So. 2d 177, 178 (Fla. 2d DCA 1990). . See Riley v. State, 589 So. 2d 412 (Fla. 5th DCA 1991). . Tillman v. State, 555 So. 2d 940 (Fla. 5th DCA 1990) (Sharp, W., J., dissenting).…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988)