STATE OF FLORIDA, APPELLANT,
v.
JOHNNY LEE CAMPBELL, APPELLEE
STATE OF FLORIDA, APPELLANT,
JOHNNY LEE CAMPBELL, APPELLEE
673 So. 2d 925
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this appeal of the downward departure sentence imposed on Johnny Lee Campbell, the state contends the trial court erred in departing from the guidelines without filing written reasons in support thereof. We agree and reverse and remand for resentencing within the guidelines. See State v. Colbert, 660 So. 2d 701 (Fla.1995); Pope v. State, 561 So. 2d 554 (Fla.1990). We note that Campbell is entitled to credit for the time he has served on community control. Fraser v. State, 602 So. 2d 1299 (Fla.1992).
Reversed and remanded for resentencing.
THREADGILL, C.J., and LAZZARA and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Benjamin v. State, 705 So. 2d 126 (Fla. 2d DCA 1998)…njamin presumably continues to serve. The motion challenges the legality of imposing a probationary term concurrently with a sentence of incarceration. This is an issue which may be raised in a motion to correct illegal sentence. See Gause v. State, 673 So. 2d 925 (Fla. 2d DCA 1996). Moreover, it is well established that probation and incarceration cannot be imposed concurrently. See Clemons v. State, 629 So. 2d 1067 (Fla. 2d DCA 1994). The trial court’s order fails to address this issue. Accordingly, we re…
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Hinkle v. State, 737 So. 2d 1152 (Fla. 2d DCA 1999)…he failure to include written reasons for departure requires a reversal for resentencing within the guidelines. [*1154] See State v. Colbert, 660 So. 2d 701, 702 (Fla.1996); Culver v. State, 727 So. 2d 278, 279 (Fla. 2d DCA 1999); State v. Campbell, 673 So. 2d 925, 925 (Fla. 2d DCA 1996). Accordingly, we reverse and remand for resentencing on Counts II and III within the 19972 sentencing guidelines. PARKER, C.J., and PATTERSON and DAVIS, JJ., Concur. . Hinkle is correct that this issue may be reviewed on di…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Fraser v. State, 602 So. 2d 1299 (Fla. 1992)
- State v. Colbert, 660 So. 2d 701 (Fla. 1995)