Grace v. State

District Court of Appeal of Florida

Grace v. State

506 So. 2d 1147, 12 Fla. L. Weekly 1191, 1987 Fla. App. LEXIS 8164

District Court of Appeal of Florida·Decided May 8, 1987·No. No. BM-339·Published·Cited by 1 cases

Opinion

ERVIN, Judge.

Appellant appeals a sentence of two years community control as a departure from the recommended guidelines sentence of any nonstate prison sanction. The trial court failed to state any reasons for departure because he did not consider the sentence imposed a departure sentence. We reverse. See State v. Mestas, 507 So.2d 587 (Fla.1987) (“Community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any ‘nonstate [1148]*1148prison sanction.’ ”). The cause is remanded to the trial court for resentencing.

MILLS and WIGGINTON, JJ., concur.

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ERVIN, Judge.

Appellant appeals a sentence of two years community control as a departure from the recommended guidelines sentence of any nonstate prison sanction. The trial court failed to state any reasons for departure because he did not consider the sentence imposed a departure sentence. We reverse. See State v. Mestas, 507 So.2d 587 (Fla.1987) (“Community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any ‘nonstate [1148]*1148prison sanction.’ ”). The cause is remanded to the trial court for resentencing.

MILLS and WIGGINTON, JJ., concur.

Grace v. State, 506 So. 2d 1147, 12 Fla. L. Weekly 1191, 1987 Fla. App. LEXIS 8164 (Fla. Ct. App. 1987).

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Opinion

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