Florida District Courts of Appeal, 1989

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)

Cases that cite this one

2 later published cases cite this decision.

Hernandez v. State (Fla. Dist. Ct. App. 1990)
Harris v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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