AVERY B. BELCHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AVERY B. BELCHER, APPELLANT,
STATE OF FLORIDA, APPELLEE
559 So. 2d 448
Florida District Court of Appeal, Fifth District (1990)
Negative Treatment
Cited by 6 cases
Opinion of the Court
HARRIS, Judge.
On March 21, 1988 Avery Belcher was placed on probation for committing the offenses of uttering a worthless check and attempted failure to appear.1 In 1989 he pleaded guilty to violating his probation and was sentenced to 364 days in jail on the attempted failure to appear charge to be followed by two years of community control on the worthless check charge. Belch-er appeals claiming his sentence is an improper departure from the guideline recommended range of community control or 12-30 months. We agree and reverse for re-sentencing. See State v. Van Kooten, 522 So. 2d 830 (Fla.1988) and Welch v. State, 536 So. 2d 225 (Fla.1988).
REVERSED for resentencing.
GOSHORN and PETERSON, JJ., concur. . § 843.15(l)(b), Fla.Stat. (1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Oglesby v. State, 584 So. 2d 93 (Fla. 1st DCA 1991)…ate v. VanKooten, 522 So. 2d 830 (Fla.1988); State v. Bodine, 522 So. 2d 830 (Fla.1988); Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987), rev. denied, 515 So. 2d 230 (Fla.1987), (approved by the supreme court in VanKooten)] and Belcher v. State, 559 So. 2d 448 (Fla. 5th DCA 1990), the combined length of the period of incarceration and community control exceeded the maximum period of incarceration which was permitted under sentencing guidelines. In the instant case, the combined total of the incarceration…1 / 2
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Harris v. State, 564 So. 2d 283 (Fla. 5th DCA 1990)…split sentences of incarceration followed by community control. This combination of incarceration and community control constitutes an unauthorized departure from the second cell. See State v. VanKooten, 522 So. 2d 830 (Fla.1988); Belcher v. State, 559 So. 2d 448 (Fla.5th DCA 1990); Garcia v. State, 539 So. 2d 23 (Fla.2d DCA 1989). We therefore reverse the sentences and remand for resentencing. Split sentences may be imposed within the second cell if probation is substituted for community control. See Loomis…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Welch v. State, 536 So. 2d 225 (Fla. 1988)