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

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1987

DocketNo. BM-339

StatusPublished

Cited by1 cases

This text of 506 So. 2d 1147 (Grace 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.

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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

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.

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506 So. 2d 1147, 12 Fla. L. Weekly 1191, 1987 Fla. App. LEXIS 8164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grace-v-state-fladistctapp-1987.

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