JAMES LEO MIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1987-07-02
No. 86-1589
DAUKSCH and SHARP, JJ., concur.
508 So. 2d 1343 Florida District Court of Appeal, Fifth District (1987) Positive Treatment
Cited by 4 cases
Topics
Written Reasons For Departure Departure Sentence Sentencing Guidelines

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Opinion of the Court
COWART, Judge.

COWART, Judge.

After entering a plea of guilty, the defendant was sentenced to thirty months’ incarceration, followed by two years’ community control, followed by six months’ probation. His presumptive guidelines sentence was “community control or twelve to thirty months incarceration.” As was the case in Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987), the presumptive guidelines sentence could be either community control or twelve to thirty months’ incarceration, not both. Having sentenced the defendant to both, the trial court entered a departure sentence. Because no written reasons for departure were given, the defendant’s sentence must be vacated and remanded for sentencing to either the recommended guidelines sentence or a departure sentence that conforms to the sentencing guidelines. See State v. Jackson, 478 So. 2d 1054 (Fla.1985).

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH and SHARP, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)
    …54 (Fla.1986); Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987). Upon remand, the trial court must provide written reasons should it choose to impose a departure sentence. See e.g. Higgs v. State, 543 So. 2d 427 (Fla. 5th DCA 1989); Mims v. State, 508 So. 2d 1343, (Fla. 5th DCA 1987). In summary, each of Kelly’s convictions are affirmed except as to Count VIII for the use of a firearm in the commission of a felony. This cause is remanded for re-sentencing. Affirmed in part; Reversed in part; Remanded. ORF…
  • Higgs v. State, 543 So. 2d 427 (Fla. 5th DCA 1989)
    …d guidelines sentence of 12-30 months of incarceration or community control. Because the court did not provide written reasons for departure, the sentence is reversed and the case is remanded for reconsideration of the sentence below. Mims v. State, 508 So. 2d 1343 (Fla. 5th DCA 1987). REMANDED. ORFINGER and COWART, JJ., concur.…

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