Florida District Courts of Appeal, 1989

Garcia v. State

Garcia v. State
Florida District Courts of Appeal · Decided March 3, 1989 · Frank, Parker, Threadgill
539 So. 2d 23; 14 Fla. L. Weekly 593; 1989 Fla. App. LEXIS 1061; 1989 WL 17234 (Southern Reporter, Second Series)

Garcia v. State

Opinion of the Court

PER CURIAM.

The recommended guidelines sentence in this case (after the “bump-up” for violation of probation) was community control or twelve to thirty months incarceration. The *24sentence actually imposed on the two counts herein was two years incarceration followed by two years community control. This was error. Imposition of both community control and incarceration is a departure sentence, requiring written reasons for departure. See State v. VanKooten, 522 So.2d 830 (Fla. 1988).

Accordingly, we vacate the sentence and remand for resentencing. Otherwise, affirmed.

FRANK, A.C.J., and THREADGILL and PARKER, JJ., concur.

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