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639 So. 2d 1136

Brown v. State

District Court of Appeal of Florida · decided 1994-07-29

Cited by 2 later decisions — most recently March 1995

2 state decisions

Relies on 552 So. 2d 1107 - State v. Betancourt · 561 So. 2d 584 - State v. Vanhorn · 630 So. 2d 1067 - Samuel Friedland Family Ent. v. Amoroso

Good law ✅— No negative treatment on recordhow we know

Decided 1994-07-29

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PER-CURIAM.

¶1The appellant received a penalty combining community control and incarceration, an unauthorized departure from the second cell of the sentencing guidelines scoresheet. State v. Davis, 630 So.2d 1069 (Fla.1994). We vacate the sentence and remand for re-sentencing.

¶2Because it does not appear from the record that such a departure was intended when the sentence was initially imposed, the trial court on remand may depart from the guidelines upon providing valid written reasons. See State v. Vanhorn, 561 So.2d 584 (Fla.1990); State v. Betancourt, 552 So.2d 1107 (Fla.1989); Dyer v. State, 534 So.2d 843 (Fla. 5th DCA 1988).

¶3SENTENCE VACATED; REMANDED.

COBB, PETERSON and THOMPSON, JJ., concur.
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