Mims v. State

District Court of Appeal of Florida

Mims v. State

508 So. 2d 1343, 12 Fla. L. Weekly 1618, 1987 Fla. App. LEXIS 9165

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1987

DocketNo. 86-1589

StatusPublished

Cited by2 cases

This text of 508 So. 2d 1343 (Mims 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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Mims v. State, 508 So. 2d 1343, 12 Fla. L. Weekly 1618, 1987 Fla. App. LEXIS 9165 (Fla. Ct. App. 1987).

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Opinion

COWART, Judge.

After entering a plea of guilty, the defendant was sentenced to thirty months’ incarceration, followed by two years’ community control, followed by six months’ probation. His presumptive guidelines sentence was “community control or twelve to thirty months incarceration.” As was the case in Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987), the presumptive guidelines sentence could be either community control or twelve to thirty months’ incarceration, not both. Having sentenced the defendant to both, the trial court entered a departure sentence. Because no written reasons for departure were given, the defendant’s sentence must be vacated and remanded for sentencing to either the recommended guidelines sentence or a departure sentence that conforms to the sentencing guidelines. See State v. Jackson, 478 So.2d 1054 (Fla.1985).

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH and SHARP, JJ., concur.

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COWART, Judge.

After entering a plea of guilty, the defendant was sentenced to thirty months’ incarceration, followed by two years’ community control, followed by six months’ probation. His presumptive guidelines sentence was “community control or twelve to thirty months incarceration.” As was the case in Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987), the presumptive guidelines sentence could be either community control or twelve to thirty months’ incarceration, not both. Having sentenced the defendant to both, the trial court entered a departure sentence. Because no written reasons for departure were given, the defendant’s sentence must be vacated and remanded for sentencing to either the recommended guidelines sentence or a departure sentence that conforms to the sentencing guidelines. See State v. Jackson, 478 So.2d 1054 (Fla.1985).

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH and SHARP, JJ., concur.

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Bluebook (online)

508 So. 2d 1343, 12 Fla. L. Weekly 1618, 1987 Fla. App. LEXIS 9165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mims-v-state-fladistctapp-1987.

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