Florida District Courts of Appeal, 1990

Matthews v. State

Florida District Courts of Appeal · Decided March 8, 1990 · Griffin, Harris, Peterson

557 So. 2d 938; 1990 Fla. App. LEXIS 1412; 1990 WL 20403 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Williams (Fla. 1996)
State v. Williams (Fla. 1996)

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

HARRIS, Judge.

John Matthews appeals his departure sentence after having been found guilty of unlawful possession of a controlled substance on June 10, 1989. His scoresheet reflects a recommended sentence of “any non-state prison sanction”. The trial judge, without any written reasons for departure, sentenced him to 30 months in prison. We reverse.

Although the trial judge, pursuant to Section 921.001(5) Florida Statutes (1988), could have sentenced him to community control or up to 22 months in prison, the sentence imposed is not permitted.

*939REVERSED and REMANDED for appropriate sentencing.

PETERSON and GRIFFIN, JJ., concur.

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