Riley v. State

Full title: CARLA RILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 14, 1991

589 So. 2d 412 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-272.

November 14, 1991.

Appeal from the Circuit Court, Volusia County, Gayle S. Graziano, J.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Carla Riley was sentenced to 180 days in the county jail, a concurrent term of two years community control, and probation. Her sentencing guidelines scoresheet provided for a recommended and permitted range of "any nonstate prison sanction." The statute provides that ". . . any person sentenced for a felony offense committed after October 1, 1988, whose presumptive sentence is any nonstate prison sanction may be sentenced to community control or to a term of incarceration not to exceed 22 months." (Emphasis added). § 921.001(5), Fla. Stat. (1989).

Thus, Riley should have been sentenced to either community control or county jail, not both.

REVERSED AND REMANDED FOR RESENTENCING CONSISTENT WITH THIS OPINION.

HARRIS and GRIFFIN, JJ., concur.