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640 So. 2d 1222

Trice v. State

District Court of Appeal of Florida · decided 1994-08-05

Cited by 1 later decisions — most recently October 1997

1 state decisions

Relies on 630 So. 2d 1059 - State v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1994-08-05

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THOMPSON, Judge.

¶1In this Anders appeal, we must vacate the sentencing disposition for appellant’s burglary conviction. Appellant received 2 years community control with a 364 day county jail term imposed as a special condition, to be followed by 3 years probation. Appellant’s scoresheet total placed him within the second cell, with a recommended range of community control or 12-30 months incarceration, and a permitted range of any nonstate prison sanction, community control, or 1-3½ years incarceration. The supreme court characterizes the combination of a county jail term and community control as a departure from the second cell. See State v. Davis, 630 So.2d 1059 (Fla.1994).

¶2JUDGMENT AFFIRMED; COMMUNITY CONTROL ORDER VACATED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.
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