JOHN WESLEY HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
This is another appeal involving the sentencing guidelines. Appellant was convicted of burglary and robbery. Appellant’s recommended range under the sentencing guidelines was the second cell of 12-30 months incarceration or community control. Appellant received concurrent 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 v. State, 531 So. 2d 423 (Fla.5th DCA 1988).
SENTENCED VACATED; CAUSE REMANDED FOR RESENTENCING.
DAUKSCH and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Phelps v. State, 583 So. 2d 1120 (Fla. 5th DCA 1991)…half years incarceration. This combination of incarceration and community control constitutes a departure from the guidelines. See State v. VanKooten, 522 So. 2d 830 (Fla. 1988); Burgess v. State, 569 So. 2d 829 (Fla. 5th DCA 1990); Harris v. State, 564 So. 2d 283 (Fla. 5th DCA 1990). Because the record contains no written departure reasons, the sentence must be reversed and the case remanded for resentencing. JUDGMENT AFFIRMED; SENTENCE REVERSED and REMANDED. W. SHARP and DIAMANTIS, JJ., concur.…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Loomis v. State, 531 So. 2d 423 (Fla. 5th DCA 1988)
- Avery B. Belcher v. State, 559 So. 2d 448 (Fla. 5th DCA 1990)
- Hair v. State, 539 So. 2d 23 (Fla. 2d DCA 1989)
- Damasco Garcia v. State, 539 So. 2d 23 (Fla. 2d DCA 1989)