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576 So. 2d 934

Carter v. State

District Court of Appeal of Florida · decided 1991-03-28

Cited by 2 later decisions — most recently May 1992

2 state decisions

Relies on State v. VanKooten

Good law ✅— No negative treatment on recordhow we know

Decided 1991-03-28

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SHARP, W., Judge.

¶1Carter was sentenced to three years incarceration followed by two years on community control. The applicable sentencing guidelines permitted range (including the one cell increase for violation of community control) was “community control or one to four and one-half years incarceration.” (emphasis supplied) Fla.R.Crim.P. 3.988(d). No “departure reasons” were given;

¶2We vacate the sentence and remand for resentencing because the applicable maximum sentencing range does not permit a sentence which combines incarceration and community control, without departure reasons. State v. VanKooten, 522 So.2d 830 (Fla.1988).

¶3Sentence VACATED; REMANDED for resentencing.

DAUKSCH and HARRIS, JJ., concur.
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