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Garcia v. State

539 So. 2d 23, 14 Fla. L. Weekly 593, 1989 Fla. App. LEXIS 1061, 1989 WL 17234
CourtDistrict Court of Appeal of Florida
DecidedMarch 3, 1989
DocketNo. 87-3337
StatusPublished
Cited by2 cases

This text of 539 So. 2d 23 (Garcia v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. State, 539 So. 2d 23, 14 Fla. L. Weekly 593, 1989 Fla. App. LEXIS 1061, 1989 WL 17234 (Fla. Ct. App. 1989).

Opinion

PER CURIAM.

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 [24]*24sentence 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.

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Related

Harris v. State
564 So. 2d 283 (District Court of Appeal of Florida, 1990)
Hernandez v. State
556 So. 2d 1233 (District Court of Appeal of Florida, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
539 So. 2d 23, 14 Fla. L. Weekly 593, 1989 Fla. App. LEXIS 1061, 1989 WL 17234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-state-fladistctapp-1989.