Rhone v. State

529 So. 2d 372, 13 Fla. L. Weekly 1935, 1988 Fla. App. LEXIS 3680, 1988 WL 84053
District Court of Appeal of Florida·Decided August 17, 1988·No. No. 88-0962·Published

Opinion

PER CURIAM.

We affirm upon authority of Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), and Mulder v. State, 356 So.2d 870 (Fla. 4th DCA 1978). As was done in Franklin, we certify the following question to be of great public importance:

HAVING SENTENCED A DEFENDANT TO A TERM OF INCARCERATION FOLLOWED BY PROBATION OR COMMUNITY CONTROL, MAY THE COURT AFTER A VIOLATION OF THE PROBATION OR COMMUNITY CONTROL, IMPOSE ANY SENTENCE WHICH COULD HAVE BEEN ORIGINALLY IMPOSED WITH CREDIT FOR TIME SERVED AND MUST SUCH SENTENCE BE WITHIN THE GUIDELINE RANGE UNLESS VALID REASONS FOR DEPARTURE ARE GIVEN?
AFFIRMED.
ANSTEAD, LETTS and WALDEN, JJ., concur.

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Rhone v. State, 529 So. 2d 372, 13 Fla. L. Weekly 1935, 1988 Fla. App. LEXIS 3680, 1988 WL 84053 (Fla. Ct. App. 1988).

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Related

Franklin v. State
526 So. 2d 159 (District Court of Appeal of Florida, 1988)
Mulder v. State
356 So. 2d 870 (District Court of Appeal of Florida, 1978)