CASSANDRA PEOPLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a sentence combining jail incarceration and community control, even if within guideline maximums, constitutes a departure sentence under certain circumstances.
Peoples was convicted of possession and sale of cocaine and sentenced to concurrent jail time and community control. Her permitted guidelines range al…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Incarceration cases and more on FLexlaw
PER CURIAM.
Peoples was adjudicated guilty of possession of cocaine and of sale of cocaine. The trial court sentenced her for each offense to concurrent terms of 90 days in jail, followed by 1 year of community control. Her permitted guidelines range was any non-state prison sanction or community control; or 1 to 3½ years in prison. The recommended sentence was community control or 12 to 30 months’ incarceration.
Peoples argues on appeal that her sentence is illegal on the authority of State v. VanKooten, 522 So. 2d 830 (Fla.1988), and Oglesby v. State, 584 So. 2d 93 (Fla. 1st DCA 1991). We agree that the resolution of this case is controlled by VanKooten and our decision in Oglesby, and therefore we vacate her sentences and remand the cause for re-sentencing. See also, Davis v. State, 617 So. 2d 1139 (Fla. 1st DCA 1993). However, as we did in Davis, we certify the following question as one of great public importance:
DOES A SENTENCING DISPOSITION WHICH INCLUDES COMBINED SANCTIONS OF COUNTY JAIL INCARCERATION AND COMMUNITY CONTROL CONSTITUTE A DEPARTURE SENTENCE, WHEN THE COMBINED PERIODS OF INCARCERATION AND COMMUNITY CONTROL DO NOT EXCEED THE MAXIMUM PERIOD OF INCARCERATION PERMITTED BY THE GUIDELINES? The challenged sentences are vacated, and this cause is remanded for resentencing.
ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Davis v. State, 617 So. 2d 1139 (Fla. 1st DCA 1993)
- Oglesby v. State, 584 So. 2d 93 (Fla. 1st DCA 1991)