Public-domain · open source
OpenJurist

564 So. 2d 283

Harris v. State

District Court of Appeal of Florida · decided 1990-07-26

Cited by 1 later decisions — most recently August 1991

1 state decisions

Relies on State v. VanKooten · 531 So. 2d 423 - Loomis v. State · 539 So. 2d 23 - Hair v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-07-26

View the full empirical analysis of this case →

COBB, Judge.

¶1This is another appeal involving the sentencing guidelines. Appellant was convicted of burglary and robbery. Appellant’s recommended range under the sentencing guidelines was the second cell of 12-30 months incarceration or community control. ■ Appellant received concurrent split sentences of incarceration followed by community control. This combination of incarceration and community control constitutes an unauthorized departure from the second cell. See State v. VanKooten, 522 So.2d 830 (Fla.1988); Belcher v. State, 559 So.2d 448 (Fla.5th DCA 1990); Garcia v. State, 539 So.2d 23 (Fla.2d DCA 1989). We therefore reverse the sentences and remand for resentencing. Split sentences may be imposed within the second cell if probation is substituted for community control. See Loomis v. State, 531 So.2d 423 (Fla.5th DCA 1988).

¶2SENTENCED VACATED; CAUSE REMANDED FOR RESENTENCING.

DAUKSCH and HARRIS, JJ., concur.
/564/so2d/283 · .json · Public domain