THOMAS PHELPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This appeal involves a sentencing guidelines issue. Appellant was convicted of grand theft, and received a split sentence of two and one-half years incarceration followed by two years community control. Appellant’s sentencing guidelines score-sheet reflected a permitted range of community control or one to four and one-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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harmon v. State, 599 So. 2d 754 (Fla. 4th DCA 1992)…llowed by two years community control with special conditions. As appellant asserts, this combination of incarceration and community control constitutes a departure from the guidelines. State v. VanKooten, 522 So. 2d 830 (Fla.1988); Phelps v. State, 583 So. 2d 1120 (Fla. 5th DCA 1991). Because the record contains no written departure reasons, the sentence must be reversed and the case remanded for resentencing. The question then remains whether the trial court could once again depart from the guidelines if it…
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Felty v. State, 616 So. 2d 88 (Fla. 2d DCA 1993)…mbined with prison time in any circumstance even if the total time does not exceed the maximum permitted range (the VanKooten rule). State v. VanKooten, 522 So. 2d 830 (Fla.1988); Harmon v. State, 599 So. 2d 754 (Fla. 4th DCA 1992); Phelps v. State, 583 So. 2d 1120 (Fla. 5th DCA 1991). The second approach holds that the above VanKooten rule applies only where the combined sentences exceed the maximum period of incarceration permitted under the guidelines, reasoning that there is no departure unless the combin…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 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)