STATE OF FLORIDA, PETITIONER,
v.
MARCUS REED, RESPONDENT
Explore caselaw by topic → Browse Community Control cases and more on FLexlaw
PER CURIAM.
We review Reed v. State, 545 So. 2d 891, 892 (Fla. 4th DCA 1989), in which the Fourth District Court of appeal certified the following question as one of great public importance:
WHEN SENTENCING WITHIN THE GUIDELINES, MAY A TRIAL COURT IMPOSE A SENTENCE OF COMMUNITY CONTROL TO BE FOLLOWED BY PROBATION IF THE TOTAL SENTENCE DOES NOT EXCEED THE TERM PROVIDED BY GENERAL LAW?
Our jurisdiction is predicated upon article V, section 3(b)(4), of the Florida Constitu-, tion.
We recently addressed this question in Skeens v. State, 556 So. 2d 1113 (Fla.1990), in which we held that there was no legal impediment to the stacking of probation and community control to meet individualized sentencing circumstances. Accordingly, we answer the certified question in the affirmative.
We quash the decision below and remand for further proceedings.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Parker v. State, 636 So. 2d 794 (Fla. 1st DCA 1994)…followed by three years of probation, a condition of which was serving sixty days in the county jail. See Fla. R.Crim.P. 3.988(j). The stacking of probation and community control is proper. Skeens v. State, 556 So. 2d 1113 (Fla.1990); State v. Reed, 557 So. 2d 33 (Fla.1990). However, “when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure.” State v. Van…
-
Domberg v. State, 636 So. 2d 527 (Fla. 1st DCA 1994)…reasons for departure. Davis v. State, 606 So. 2d 470 (Fla. 1st DCA 1992); Wright v. State, 617 So. 2d 837, 841 (Fla. 4th DCA 1993); Vara v. State, 575 So. 2d 306, 307 (Fla. 2d DCA 1991); State v. McCray, 544 So. 2d 313 (Fla. 2d DCA 1989), approved, 557 So. 2d 33 (Fla.1990); Hawryluk v. State, 543 So. 2d 1318 (Fla. 5th DCA 1989); State v. Ealy, 533 So. 2d 1173, 1174 (Fla. 2d DCA 1988). In the instant case, the portions of the record furnished by the parties establish that the subject judgment and sentences…
Authorities Cited
- Skeens v. State, 556 So. 2d 1113 (Fla. 1990)
- Reed v. State, 545 So. 2d 891 (Fla. 4th DCA 1989)