Florida District Courts of Appeal, 1987

Grace v. State

Grace v. State
Florida District Courts of Appeal · Decided May 8, 1987 · Ervin, Mills, Wigginton
506 So. 2d 1147; 12 Fla. L. Weekly 1191; 1987 Fla. App. LEXIS 8164 (Southern Reporter, Second Series)

Grace v. State

Opinion of the Court

ERVIN, Judge.

Appellant appeals a sentence of two years community control as a departure from the recommended guidelines sentence of any nonstate prison sanction. The trial court failed to state any reasons for departure because he did not consider the sentence imposed a departure sentence. We reverse. See State v. Mestas, 507 So.2d 587 (Fla. 1987) (“Community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any ‘nonstate *1148prison sanction.’ ”). The cause is remanded to the trial court for resentencing.

MILLS and WIGGINTON, JJ., concur.

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