DIANE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Jones's conviction for violating community control but reversed her sentences as exceeding the statutory maximum for a third-degree felony, remanding for resentencing and entry of a violation order.
A trial court's finding that a defendant violated community control by failing to remain confined to her approved residence and failing to report to her officer is affirmed, but sentences exceeding the statutory maximum must be reversed and remanded for resentencing.
[1] A sentence imposed for violation of community control that exceeds the statutory maximum for the underlying offense must be reversed and remanded for resentencing.
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Join FLexlaw to unlock all legal intelligenceDiane Jones violated the conditions of her community control by failing to remain confined to her approved residence and failing to report to her comm…
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FRANK, Judge.
Diane Jones has appealed from the judgment and sentences imposed after she violated her community control. She claims the state did not prove a willful and substantial violation. We reject that contention, and affirm the trial court’s determination that Jones violated condition (16) of her community control by failing to remain confined to her approved residence and by failing to report to her community control officer. The record does not contain an order reflecting the violation, however, and on remand the trial court is directed to enter an order setting forth the specific violation of community control. See Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990).
This case must also be remanded for re-sentencing. The state concedes, under the guidelines in effect at the time Jones committed the felony for which she was sentenced, that the imposed guidelines sentence could not exceed the statutory maximum for the offense. See Branarn v. State, 554 So. 2d 512 (Fla.1990); Mitchell v. State, 573 So. 2d 446 (Fla. 2d DCA 1991). Because the five and one-half-year prison term exceeds the statutory maximum for a third degree felony, section 775.082(3)(a), Florida Statutes (1993), the sentences must be reversed.
Convictions affirmed; sentences reversed; and remanded for resentencing and for entry of order of community control violation.
DANAHY, A.C.J. and THREADGILL, J., concur.
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Citator
Cited By
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Tonie Scurry v. State, 721 So. 2d 397 (Fla. 2d DCA 1998)…PER CURIAM. We affirm the revocation of community control but remand to the trial court to enter a written order of revocation. See Jones v. State, 697 So. 2d 936 (Fla.2d DCA 1997); Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990). [*398] PARKER, C.J., CASANUEVA, J., and DANAHY, PAUL W., (Senior) Judge, Concur.…
Authorities Cited
- Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)
- Branam v. State, 554 So. 2d 512 (Fla. 1990)
- Spradling v. State, 573 So. 2d 446 (Fla. 2d DCA 1991)
- Kerrie Marlene Mitchell v. State, 573 So. 2d 446 (Fla. 2d DCA 1991)