Carter v. State, 576 So. 2d 934

SHARP, W., Judge.

Carter was sentenced to three years incarceration followed by two years on community control. The applicable sentencing guidelines permitted range (including the one cell increase for violation of community control) was “community control or one to four and one-half years incarceration.” (emphasis supplied) Fla.R.Crim.P. 3.988(d). No “departure reasons” were given;

We vacate the sentence and remand for resentencing because the applicable maximum sentencing range does not permit a sentence which combines incarceration and community control, without departure reasons. State v. VanKooten, 522 So.2d 830 (Fla.1988).

Sentence VACATED; REMANDED for resentencing.

DAUKSCH and HARRIS, JJ., concur.

Case Details

Case Name: Carter v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 28, 1991

Citations: 576 So. 2d 934; 1991 WL 41015; 1991 Fla. App. LEXIS 2624; No. 90-1685

Docket Number: No. 90-1685

Court Abbreviation: Fla. Dist. Ct. App.