Cox v. State

District Court of Appeal of Florida

Cox v. State

557 So. 2d 674, 1990 Fla. App. LEXIS 1226, 1990 WL 18453

District Court of Appeal of Florida·Decided March 2, 1990·No. No. 87-03126·Published·Cited by 3 cases

Opinion

PER CURIAM.

We affirm the finding of the trial court that appellant Collie Cox violated the terms and conditions of his probation. The sentence imposed, thirty months in prison followed by community control, represents a departure from the guideline recommendation of twelve to thirty months. State v. Van Kooten, 522 So.2d 830 (Fla.1988). No written reasons in support of the departure are to be found within the record before us.

Accordingly, we remand this case for resentencing within the guideline range. Since this can be accomplished by deleting the consecutive community control provision, appellant need not be present for this purpose.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the finding of the trial court that appellant Collie Cox violated the terms and conditions of his probation. The sentence imposed, thirty months in prison followed by community control, represents a departure from the guideline recommendation of twelve to thirty months. State v. Van Kooten, 522 So.2d 830 (Fla.1988). No written reasons in support of the departure are to be found within the record before us.

Accordingly, we remand this case for resentencing within the guideline range. Since this can be accomplished by deleting the consecutive community control provision, appellant need not be present for this purpose.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.

Cox v. State, 557 So. 2d 674, 1990 Fla. App. LEXIS 1226, 1990 WL 18453 (Fla. Ct. App. 1990).

Pincite

557 So. 2d 674 (Cox v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related