Opinion

Brown v. State

  • 639 So. 2d 1136
  • 1994 Fla. App. LEXIS 7510
  • 1994 WL 391045
Court
District Court of Appeal of Florida
Filed
Jul 29, 1994
Status
Published
On the bench
Cobb, Peterson, Thompson
Cited by
2 cases
Authority
More cited than 61.0%

The opinion

PER-CURIAM.

The appellant received a penalty combining community control and incarceration, an unauthorized departure from the second cell of the sentencing guidelines scoresheet. State v. Davis, 630 So.2d 1069 (Fla.1994). We vacate the sentence and remand for re-sentencing.

Because it does not appear from the record that such a departure was intended when the sentence was initially imposed, the trial court on remand may depart from the guidelines upon providing valid written reasons. See State v. Vanhorn, 561 So.2d 584 (Fla.1990); State v. Betancourt, 552 So.2d 1107 (Fla.1989); Dyer v. State, 534 So.2d 843 (Fla. 5th DCA 1988).

SENTENCE VACATED; REMANDED.

COBB, PETERSON and THOMPSON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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