ALPHONSO CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1991-03-28
No. 90-1685
DAUKSCH and HARRIS, JJ., concur.
576 So. 2d 934 Florida District Court of Appeal, Fifth District (1991) Positive Treatment
Cited by 4 cases
Opinion of the Court
SHARP, W., Judge.

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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Thicklin v. State, 599 So. 2d 202 (Fla. 1st DCA 1992)
    …ooten, 522 So. 2d 830 (Fla.1988), did not require a different result, because Van-Kooten1 involved sentences combining community control and incarceration for a total period exceeding the maximum guidelines incarcerative period. Cf. Carter v. State, 576 So. 2d 934 (Fla. 5th DCA 1991) (sentence of three years incarceration followed by two years of community control reversed where guidelines range, including one-cell increase for violation of community control, was community control or one to 4-V2 years incarce…
  • Allen v. State, 580 So. 2d 339 (Fla. 5th DCA 1991)
    …We vacate the sentences. The combination of 4 years in prison plus community control constitutes a departure upwards in this case for which no contemporary written reasons were given. State v. VanKooten, 522 So. 2d 830 (Fla.1988); Carter v. State, 576 So. 2d 934 (Fla. 5th DCA 1991). In addition, even if the permitted range allowed a combination of prison plus community control, the total time must be within the maximum permitted range (here 4½ years) and the combined total in this case was 6 years. See Beta…

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