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648 So. 2d 327

Garaguso v. State

District Court of Appeal of Florida

Decided January 20, 1995

District Court of Appeal of Florida · decided 1995-01-20

Relies on 630 So. 2d 1059 - State v. Davis · Felty v. State · Life Insurance Co. of Georgia v. Department of Labor & Employment Security, State, Division of Unemployment Compensation

Decided 1995-01-20

W. SHARP, Judge.

¶1The state concedes error in sentencing Garaguso to three and one-half years incarceration, followed by eighteen months community control, pursuant to the applicable guidelines sentence without providing written reasons for departure. It is now established that a combined sanction of incarceration and community control in a bracket allowing one or the other, constitutes a departure sentence, even if the combined time periods do not exceed the maximum allowable period of time permitted by the guidelines. State v. Davis, 630 So.2d 1059 (Fla.1994); Felty v. State, 630 So.2d 1092 (Fla.1994). Accordingly, we quash the sentence and remand for resentencing. See Hicks v. State, 640 So.2d 1221 (Fla. 5th DCA 1994); Brown v. State, 639 So.2d 1136 (Fla. 5th DCA 1994).

¶2AFFIRMED in part; SENTENCE QUASHED; REMANDED for resentencing.

GOSHORN and DIAMANTIS, JJ., concur.
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