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456 So. 2d 970

Docket No. 84-340.

Klapp v. State

Darlene Pelham KLAPP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 5, 1984.

District Court of Appeal of Florida · decided 1984-10-05

Cited by 11 later decisions — most recently February 1986

11 state decisions

Relies on Carter v. State · Smith v. State · 452 So. 2d 955 - Addison v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-05

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¶1*971 Jerry Hill, Public Defender, and Larry G. Bryant, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.

¶3OTT, Judge.

¶4We affirm appellant's sentence which departed from the sentencing guidelines. Violation of a substantive condition of probation can be a basis for sentencing outside the guidelines. See Addison v. State, 452 So.2d 955 (Fla. 2d DCA 1984); see also Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984). The trial judge's failure to include written reasons for departing from the guidelines is not error because the reasons were clearly articulated at appellant's sentencing hearing, a transcript of which is in the record. See Smith v. State, 454 So.2d 90 (Fla. 2d DCA 1984).

¶5From the record before us, we are unable to determine whether there is merit to appellant's argument that she was not given proper credit for time served. Consequently, our affirmance is without prejudice to appellant raising this issue in a motion pursuant to Florida Rule of Criminal Procedure 3.850.

¶6AFFIRMED.

¶7SCHOONOVER and LEHAN, JJ., concur.

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