Public-domain · open source
OpenJurist

545 So. 2d 891

Docket No. 88-0959.

Reed v. State

Marcus REED, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 25, 1989.

District Court of Appeal of Florida · decided 1989-01-25

Cited by 6 later decisions — most recently March 1990

6 state decisions

Key passage — most relied on by later courts

“13. Community control is a form of intensive supervised custody in the community involving restrictions of the freedom of the offender; is a sanction which the court may impose upon a finding-that-probation-is-an unsuitable — disposition When community control is imposed, it shall not exceed the term provided by general law. Committee Note (d)(13). (d)(13) Community control is a viable alternative for any state prison sentence less than twenty-four (24) months without requiring a reasonable departure. It is appropriate to impose a sentence of community control to be followed by a term of probation. The total sanction (community control and probation) shall not exceed the term provided by general law. Community control is not an alternative sanction from the recommended range of any non-state prison sanction unless the provisions of Florida Rule of Criminal Procedure 3.701(d)(ll) are applied.”

quoted by 2 later decisions, including 552 So. 2d 347 - Daigle v. State, 556 So. 2d 495 - Ray v. State

“WHEN SENTENCING WITHIN THE GUIDELINES, MAY A TRIAL COURT IMPOSE A SENTENCE OF COMMUNITY CONTROL TO BE FOLLOWED BY PROBATION IF THE TOTAL SENTENCE DOES NOT EXCEED THE TERM PROVIDED BY GENERAL LAW?”

quoted by 1 later decision, including 557 So. 2d 33 - State v. Reed

Relies on 464 So. 2d 1218 - State v. Schaffer · 467 So. 2d 1102 - Chessler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-25

View the full empirical analysis of this case →

¶1*892 Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, Carolyn V. McCann, Asst. Atty. Gen., and Lynn Waxman, Graduate Legal Intern, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The trial court sentenced appellant to one year of community control to be followed by two years probation. This sentence is contrary to this court's holding in Chessler v. State,467 So.2d 1102 (Fla. 4th DCA 1985). Accordingly, we reverse the sentence imposed by the trial court and remand this cause for resentencing within the sentencing guidelines.

¶5In so doing, we are aware of the December 19, 1985 amendment to the committee note for Florida Rule of Criminal Procedure 3.701(d)(13) indicating that it is appropriate to impose a sentence of community control to be followed by a term of probation. In light of that note, we certify the following question as one of great public importance:

WHEN SENTENCING WITHIN THE GUIDELINES, MAY A TRIAL COURT IMPOSE A SENTENCE OF COMMUNITY CONTROL TO BE FOLLOWED BY PROBATION IF THE TOTAL SENTENCE DOES NOT EXCEED THE TERM PROVIDED BY GENERAL LAW?

¶6REVERSED and REMANDED.

¶7DELL and GUNTHER, JJ., concur.

¶8LETTS, J., concurs specially with opinion.

¶9LETTS, Judge, concurring specially.

¶10I hope the supreme court will answer the certified question in the affirmative. I was the author of Chessler in which we approved the analysis set forth in the First District's Williams v. State,464 So.2d 1218 (Fla. 1st DCA 1985). Upon reflection, however, I find it difficult to justify a requirement that a defendant must go to prison in order to be put on a term of successive probation.

/545/so2d/891 · .json · Public domain