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Hernandez v. State

District Court of Appeal of Florida, Second District
Feb 21, 1990
556 So. 2d 1233 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-01955.

February 21, 1990.

Appeal from the Circuit Court, Hillsborough County, M. Wm. Graybill, J.

James Marion Moorman, Public Defender, Bartow, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

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


We find merit only in appellant's second point. The guidelines indicated a sentence of community control or twelve to thirty months incarceration. However, appellant was sentenced to both eighteen months incarceration and eighteen months community control. This is a departure sentence, requiring written reasons for departure. Garcia v. State, 539 So.2d 23 (Fla.2d DCA 1989). There were no written reasons given in this case. Accordingly, we affirm judgment but vacate the sentence herein and remand for resentencing.

SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.


Summaries of

Hernandez v. State

District Court of Appeal of Florida, Second District
Feb 21, 1990
556 So. 2d 1233 (Fla. Dist. Ct. App. 1990)
Case details for

Hernandez v. State

Case Details

Full title:GREGORY HERNANDEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 21, 1990

Citations

556 So. 2d 1233 (Fla. Dist. Ct. App. 1990)