RAY SCHREINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court erred in sentencing defendant to state prison for driving with permanently revoked license without written findings that nonstate prison would endanger the public, requiring reversal and resentencing under section 775.082(10).
A trial court's failure to make written findings that a nonstate prison sanction could present a danger to the public, as required by section 775.082(10), mandates resentencing to a nonstate prison sanction.
[1] A trial court must make written findings that a nonstate prison sanction could present a danger to the public before imposing state prison under section 775.082(10), Flor…
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced to state prison for driving while license permanently revoked. The trial court did not make written findings that a nonstate p…
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Appellant argues the trial court erred in sentencing him to a state prison sanction for the offense of driving while license permanently revoked without making written findings that a nonstate prison sanction could present a danger to the public, as required by section 775.082(10), Florida Statutes.* The State concedes error. Thus, we reverse and remand for resen-tencing to a nonstate prison sanction for that count. See Murphy v. State, 161 So.3d 1282 (Fla. 1st DCA 2015) (holding a trial court’s failure to provide written findings as required by section 775.082(10) requires resentencing to nonstate prison sanction). In light of this disposition, we do not reach appellant’s argument that the record would not have supported such a written finding that a nonstate prison *1294sanction could present a danger to the public.
We note that it appears appellant has already served more than the maximum incarcerative sentence allowed by law. Thus, we direct the trial court to expeditiously hold the resentencing hearing. No motion for rehearing will be entertained by this court.
REVERSED and REMANDED for resentencing.
WETHERELL and BILBREY, JJ., concur.
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Citator
Cited By
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Schreiner v. State, 191 So. 3d 557 (Fla. 1st DCA 2016)
Authorities Cited
- Pinestraw v. State, 161 So. 3d 1282 (Fla. 1st DCA 2015)
- Murphy v. State, 161 So. 3d 1282 (Fla. 1st DCA 2015)