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552 So. 2d 347

552 So.2d 347

14 Fla.L.Weekly 2711

Daigle v. State

District Court of Appeal of Florida

Decided November 22, 1989

District Court of Appeal of Florida · decided 1989-11-22

Cited by 3 later decisions — most recently February 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 · 466 So. 2d 433 - Joyce v. State · 467 So. 2d 1102 - Chessler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-22

View the full empirical analysis of this case →

DAUKSCH, Judge.

¶1This is an appeal from a sentence imposing two years community control followed by one year of probation.

¶2Appellant urges this is an illegal sentence and cites Reed v. State, 545 So.2d 891 (Fla. 4th DCA 1989); Chessler v. State, 467 So.2d 1102 (Fla. 4th DCA 1985); and Williams v. State, 464 So.2d 1218 (Fla. 1st DCA 1984) as authority. Appellee disagrees and cites the 1985 amended note to 3.701 d.13. Florida Rules of Criminal Procedure which says, inter alia,

It is appropriate to impose a sentence of community control to be followed by a term of probation.

¶3The Committee Notes to the Florida Rules of Criminal Procedure are to be given the respect due the rules themselves; they are approved by the supreme court when adopted and published. Joyce v. State, 466 So.2d 433 (Fla. 5th DCA 1985).

¶4Given the supreme court’s sanction of this sentencing procedure we affirm the sentence in this case. Rule 3.701 d.13. defines community control as “a form of intensive supervised custody in the community involving restriction of the freedom of the offender.” Thus, it is less restrictive than prison but more so than probation. Since it is lawful and proper to sentence one to prison-followed-by-probation it follows logically to be lawful and proper to permit a community-control-followed-by-probation sentence.

¶5We certify conflict with Reed, Williams and Chesslerand hereby certify the same question certified in Reedas being of great public importance.

¶6AFFIRMED.

SHARP, W. and HARRIS, JJ., concur.
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