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Garcia v. State

District Court of Appeal of Florida, Second District
Mar 3, 1989
539 So. 2d 23 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-3337.

March 3, 1989.

Appeal from the Circuit Court, Hillsborough County, Manuel Menendez, Jr., J.

James Marion Moorman, Public Defender, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.


The recommended guidelines sentence in this case (after the "bump-up" for violation of probation) was community control or twelve to thirty months incarceration. The sentence actually imposed on the two counts herein was two years incarceration followed by two years community control. This was error. Imposition of both community control and incarceration is a departure sentence, requiring written reasons for departure. See State v. VanKooten, 522 So.2d 830 (Fla. 1988).

Accordingly, we vacate the sentence and remand for resentencing. Otherwise, affirmed.

FRANK, A.C.J., and THREADGILL and PARKER, JJ., concur.


Summaries of

Garcia v. State

District Court of Appeal of Florida, Second District
Mar 3, 1989
539 So. 2d 23 (Fla. Dist. Ct. App. 1989)
Case details for

Garcia v. State

Case Details

Full title:DAMASCO GARCIA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 3, 1989

Citations

539 So. 2d 23 (Fla. Dist. Ct. App. 1989)

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