Belcher v. State

District Court of Appeal of Florida

Decided April 12, 1990

District Court of Appeal of Florida · decided 1990-04-12

Cited by 2 later decisions — most recently July 1991

2 state decisions

Relies on State v. VanKooten · 536 So. 2d 225 - Welch v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-12

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HARRIS, Judge.

¶1On March 21, 1988 Avery Belcher was placed on probation for committing the offenses of uttering a worthless check and attempted failure to appear.1 In 1989 he pleaded guilty to violating his probation and was sentenced to 364 days in jail on the attempted failure to appear charge to be followed by two years of community control on the worthless check charge. Belch-er appeals claiming his sentence is an improper departure from the guideline recommended range of community control or 12-30 months. We agree and reverse for re-sentencing. See State v. Van Kooten, 522 So.2d 830 (Fla.1988) and Welch v. State, 536 So.2d 225 (Fla.1988).

¶2REVERSED for resentencing.

GOSHORN and PETERSON, JJ., concur.

¶3. § 843.15(l)(b), Fla.Stat. (1987).