Phelps v. State

District Court of Appeal of Florida

Phelps v. State

583 So. 2d 1120, 1991 Fla. App. LEXIS 8522, 1991 WL 159150

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1991

DocketNo. 90-2248

StatusPublished

Cited by2 cases

This text of 583 So. 2d 1120 (Phelps 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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Phelps v. State, 583 So. 2d 1120, 1991 Fla. App. LEXIS 8522, 1991 WL 159150 (Fla. Ct. App. 1991).

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Opinion

DAUKSCH, Judge.

This appeal involves a sentencing guidelines issue. Appellant was convicted of grand theft, and received a split sentence of two and one-half years incarceration followed by two years community control. Appellant’s sentencing guidelines score-sheet reflected a permitted range of community control or one to four and one-half years incarceration. This combination of incarceration and community control constitutes a departure from the guidelines. See State v. VanKooten, 522 So.2d 830 (Fla. 1988); Burgess v. State, 569 So.2d 829 (Fla. 5th DCA 1990); Harris v. State, 564 So.2d 283 (Fla. 5th DCA 1990). Because the record contains no written departure reasons, the sentence must be reversed and the case remanded for resentencing.

JUDGMENT AFFIRMED; SENTENCE REVERSED and REMANDED.

W. SHARP and DIAMANTIS, JJ., concur.

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DAUKSCH, Judge.

This appeal involves a sentencing guidelines issue. Appellant was convicted of grand theft, and received a split sentence of two and one-half years incarceration followed by two years community control. Appellant’s sentencing guidelines score-sheet reflected a permitted range of community control or one to four and one-half years incarceration. This combination of incarceration and community control constitutes a departure from the guidelines. See State v. VanKooten, 522 So.2d 830 (Fla. 1988); Burgess v. State, 569 So.2d 829 (Fla. 5th DCA 1990); Harris v. State, 564 So.2d 283 (Fla. 5th DCA 1990). Because the record contains no written departure reasons, the sentence must be reversed and the case remanded for resentencing.

JUDGMENT AFFIRMED; SENTENCE REVERSED and REMANDED.

W. SHARP and DIAMANTIS, JJ., concur.

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583 So. 2d 1120, 1991 Fla. App. LEXIS 8522, 1991 WL 159150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-state-fladistctapp-1991.

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