Stooksbury v. State

District Court of Appeal of Florida

Stooksbury v. State

495 So. 2d 845, 11 Fla. L. Weekly 2127, 1986 Fla. App. LEXIS 10034

CourtDistrict Court of Appeal of Florida

DecidedOctober 7, 1986

DocketNo. 85-2673

StatusPublished

Cited by2 cases

This text of 495 So. 2d 845 (Stooksbury 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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Stooksbury v. State, 495 So. 2d 845, 11 Fla. L. Weekly 2127, 1986 Fla. App. LEXIS 10034 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Where, as here, the presumptive sentence established by the sentencing guidelines included a “nonstate prison sanction,” and thus the permissible alternative of incarceration in the county jail, the trial court’s conclusion that the defendant was “an unsuitable candidate to be placed on probation again” is not a clear and convincing reason to deviate from the guidelines. Heston v. State, 490 So.2d 157 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986). Accordingly, the defendant’s sentence is reversed and the cause remanded for sentencing within the guidelines.

Reversed and remanded.

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PER CURIAM.

Where, as here, the presumptive sentence established by the sentencing guidelines included a “nonstate prison sanction,” and thus the permissible alternative of incarceration in the county jail, the trial court’s conclusion that the defendant was “an unsuitable candidate to be placed on probation again” is not a clear and convincing reason to deviate from the guidelines. Heston v. State, 490 So.2d 157 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986). Accordingly, the defendant’s sentence is reversed and the cause remanded for sentencing within the guidelines.

Reversed and remanded.

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Bluebook (online)

495 So. 2d 845, 11 Fla. L. Weekly 2127, 1986 Fla. App. LEXIS 10034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stooksbury-v-state-fladistctapp-1986.

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