JANET L. WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JANET L. WHITE, APPELLANT,
STATE OF FLORIDA, APPELLEE
564 So. 2d 290
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, Janet White, was sentenced to one year and one day state prison, followed by eighteen months community control, whereas her guidelines scoresheet called for community control or twelve to thirty months incarceration. When the presumptive guidelines sentence directs community control or incarceration, the imposition of both represents a guidelines departure. State v. Van Kooten, 522 So. 2d 830 (Fla.1988).
Therefore, we set aside the sentence in this case and remand for resentencing within the guidelines. Any reimposition of costs shall be after notice and an opportunity to be heard. Sentence reversed, otherwise affirmed.
FRANK, A.C.J., and HALL and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Yokel v. State, 567 So. 2d 54 (Fla. 2d DCA 1990)…ollowed by five and one-half years’ probation. This sentence constitutes a departure from the guidelines under the prior case law of the Florida Supreme Court and that of this court. See State v. VanKooten, 522 So. 2d 830 (Fla.1988); White v. State, 564 So. 2d 290 (Fla.2d DCA 1990). The convictions are affirmed, but the sentence is vacated and the case is remanded to resentence Yokel to either community control or incarceration within the guidelines. Affirmed in part and remanded with instructions. HALL…
-
Rodriguez v. Castro, 678 So. 2d 16 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Bracic v. Hall, 564 So. 2d 290 (Fla. 2d DCA 1990); § 440.11(1), Fla. Stat. (1993).…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)