Matthews v. State, 557 So. 2d 938

HARRIS, Judge.

John Matthews appeals his departure sentence after having been found guilty of unlawful possession of a controlled substance on June 10, 1989. His scoresheet reflects a recommended sentence of “any non-state prison sanction”. The trial judge, without any written reasons for departure, sentenced him to 30 months in prison. We reverse.

Although the trial judge, pursuant to Section 921.001(5) Florida Statutes (1988), could have sentenced him to community control or up to 22 months in prison, the sentence imposed is not permitted.

REVERSED and REMANDED for appropriate sentencing.

PETERSON and GRIFFIN, JJ., concur.

Case Details

Case Name: Matthews v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 8, 1990

Citations: 557 So. 2d 938; 1990 Fla. App. LEXIS 1412; 1990 WL 20403; No. 89-2204

Docket Number: No. 89-2204

Court Abbreviation: Fla. Dist. Ct. App.