Stooksbury v. State

Florida District Courts of Appeal
Stooksbury v. State, 495 So. 2d 845 (1986)
11 Fla. L. Weekly 2127; 1986 Fla. App. LEXIS 10034
Bart, Hub, Pearson, Schwartz

Stooksbury v. State

Opinion of the Court

PER CURIAM.

Where, as here, the presumptive sentence established by the sentencing guidelines included a “nonstate prison sanction,” and thus the permissible alternative of incarceration in the county jail, the trial court’s conclusion that the defendant was “an unsuitable candidate to be placed on probation again” is not a clear and convincing reason to deviate from the guidelines. Heston v. State, 490 So.2d 157 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986). Accordingly, the defendant’s sentence is reversed and the cause remanded for sentencing within the guidelines.

Reversed and remanded.

Reference

Full Case Name
Joseph Harlin STOOKSBURY v. The STATE of Florida
Cited By
2 cases
Status
Published