CARLA RILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLA RILEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
589 So. 2d 412
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
COBB, Judge.
Carla Riley was sentenced to 180 days in the county jail, a concurrent term of two years community control, and probation. Her sentencing guidelines scoresheet provided for a recommended and permitted range of “any nonstate prison sanction.” The statute provides that “... any person sentenced for a felony offense committed after October 1, 1988, whose presumptive sentence is any nonstate prison sanction may be sentenced to community control or to a term of incarceration not to exceed 22 months.” (Emphasis added). § 921.001(5), Fla.Stat. (1989).
Thus, Riley should have been sentenced to either community control or county jail, not both.
REVERSED AND REMANDED FOR RESENTENCING CONSISTENT WITH THIS OPINION.
HARRIS and GRIFFIN, JJ., 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)…ed 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).…
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Workman v. State, 595 So. 2d 296 (Fla. 5th DCA 1992)…PER CURIAM. Convictions AFFIRMED; sentences REVERSED and REMANDED. See Riley v. State, 589 So. 2d 412 (Fla. 5th DCA 1991). GOSHORN, C.J., and COBB and DIAMANTIS, JJ., concur.…
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Duffie v. State, 615 So. 2d 849 (Fla. 5th DCA 1993)…d sentence are valid or should be set aside due to [*850] a violation of his sixth amendment right to counsel. REVERSED and REMANDED. COBB, J., concurs. GRIFFIN, J., concurs specially, with opinion. . We find this was also error. Riley v. State, 589 So. 2d 412 (Fla. 5th DCA 1991). . Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).…