Florida District Courts of Appeal, 1990

Cox v. State

Cox v. State
Florida District Courts of Appeal · Decided March 2, 1990 · Hall, Lehan, Scheb
557 So. 2d 674; 1990 Fla. App. LEXIS 1226; 1990 WL 18453 (Southern Reporter, Second Series)

Cox v. State

Opinion of the Court

PER CURIAM.

We affirm the finding of the trial court that appellant Collie Cox violated the terms and conditions of his probation. The sentence imposed, thirty months in prison followed by community control, represents a departure from the guideline recommendation of twelve to thirty months. State v. Van Kooten, 522 So.2d 830 (Fla. 1988). No written reasons in support of the departure are to be found within the record before us.

Accordingly, we remand this case for resentencing within the guideline range. Since this can be accomplished by deleting the consecutive community control provision, appellant need not be present for this purpose.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.

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