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Riley v. State

589 So. 2d 412, 1991 Fla. App. LEXIS 11251, 1991 WL 234557
District Court of Appeal of Florida·Decided November 14, 1991·No. No. 91-272·Published·Cited by 3 cases

Opinion

COBB, Judge.

Carla Riley was sentenced to 180 days in the county jail, a concurrent term of two years community control, and probation. Her sentencing guidelines scoresheet provided for a recommended and permitted [413]*413range of “any nonstate prison sanction.” The statute provides that “... any person sentenced for a felony offense committed after October 1, 1988, whose presumptive sentence is any nonstate prison sanction may be sentenced to community control or to a term of incarceration not to exceed 22 months.” (Emphasis added). § 921.001(5), Fla.Stat. (1989).

Thus, Riley should have been sentenced to either community control or county jail, not both.

REVERSED AND REMANDED FOR RESENTENCING CONSISTENT WITH THIS OPINION.

HARRIS and GRIFFIN, JJ., concur.

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Riley v. State, 589 So. 2d 412, 1991 Fla. App. LEXIS 11251, 1991 WL 234557 (Fla. Ct. App. 1991).

589 So. 2d 412 (Riley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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