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550 So. 2d 1169

Docket No. 89-0437.

Cox v. State

Charlie COX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 11, 1989.

District Court of Appeal of Florida · decided 1989-10-11

Cited by 3 later decisions — most recently March 1990

3 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 1 later decision, including 556 So. 2d 495 - Ray v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-11

View the full empirical analysis of this case →

¶1Craig A. Boudreau, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3GARRETT, Judge.

¶4Appellant appeals being sentenced to jail, followed by "house arrest" (community control), followed by probation after pleading guilty to two counts of Driving under *1170 the Influence. The combined sentence is within the recommended sentence range for appellant's scoresheet.

¶5We reverse. This court in Chessler v. State,467 So.2d 1102 (Fla. 4th DCA 1985), reversed a sentence of probation and community control. In light of the December 15, 1985 amendment of Florida Rule of Criminal Procedure 3.701(d)(13), this court revisited the issue in Reed v. State,545 So.2d 891 (Fla. 4th DCA 1989), but chose to follow Chessler in spite of the rule amendment. The Reed panel certified the question which is presently awaiting acceptance by the supreme court. Our sister court in Denson v. State, 14 F.L.W. 2053 (Fla. 1st DCA September 8, 1989), citing Williams v. State,464 So.2d 1218 (Fla. 1st DCA 1984), also condemned a sentence of community control and probation. The Denson court reasoned that imposing "both community control and probation is contrary to the pertinent statutes[1] addressing community control, probation, and alternative forms of disposition and sentencing."

¶6We are aware of the contrary holding in Elliott v. State,528 So.2d 98 (Fla. 2nd DCA 1988), but choose to follow the other cited authority.

¶7REVERSED AND REMANDED FOR RESENTENCING CONSISTENT WITH THIS OPINION.

¶8DELL and GUNTHER, JJ., concur.

NOTES

¶9[1] Sections 948.01 and 921.187, Florida Statutes (1987).

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