CLAUDETTE LISA LOUZON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLAUDETTE LISA LOUZON, APPELLANT,
STATE OF FLORIDA, APPELLEE
460 So. 2d 551
Florida District Court of Appeal, Fifth District (1984)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Under the Florida Sentencing Guidelines “community control” does not encompass incarceration in state prison and therefore is properly classified as a “non-state prison sanction.” See §§ 948.10(1), 948.001(1), Florida Statutes (1983); Fla.R.Crim.P. 3.701d.l3 and committee note (d)(8). Therefore, the trial judge imposed a guideline sentence not a departure sentence.
AFFIRMED.
COBB, C.J., and SHARP and COWART, JJ., concur.
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State v. Mestas, 507 So. 2d 587 (Fla. 1987)…BARKETT, Justice. We have for review Mestas v. State, 484 So. 2d 612 (Fla. 2d DCA 1986), because of certified conflict with Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984), and Louzon v. State, 460 So. 2d 551 (Fla.5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. The issue presented is whether a sentence of community control as a condition of probation constitutes a “departure sentence” under the sentencing guidelines requiring written…
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Mestas v. State, 484 So. 2d 612 (Fla. 2d DCA 1986)…PER CURIAM. In a motion for rehearing, the state for the first time cites to Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984) and Louzon v. State, 460 So. 2d 551 (Fla. 5th DCA 1984). In these two cases our sister courts have held that a trial court may impose community control as a sanction under the sentencing guidelines category of any nonstate prison sanction. We deny the state’s motion for rehearing bu…
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Petras v. State, 486 So. 2d 44 (Fla. 5th DCA 1986)…BB, C.J., concurs. DAUKSCH, J., dissents without opinion. . § 832.05(4)(a), Fla.Stat. (1983). . Fla.R.Crim.P. 3.701. . Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985). Only felonies should be included in this category. . Louzon v. State, 460 So. 2d 551 (Fla. 5th DCA 1984); Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984). . See Mestas v. State, 484 So. 2d 612, (Fla. 2d DCA 1986). . The Florida Bar Re: Rules of Criminal Procedure, 11 F.L.W. 15 (Fla. Dec. 19, 1985). . See Smith v. State, 484 S…
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