Florida District Courts of Appeal, 1990

White v. State

Florida District Courts of Appeal · Decided July 27, 1990 · Frank, Hall, Threadgill

564 So. 2d 290; 1990 Fla. App. LEXIS 5455; 1990 WL 105520 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Yokel 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.

Appellant, Janet White, was sentenced to one year and one day state prison, followed by eighteen months community control, whereas her guidelines scoresheet called *291for community control or twelve to thirty months incarceration. When the presumptive guidelines sentence directs community control or incarceration, the imposition of both represents a guidelines departure. State v. Van Kooten, 522 So.2d 830 (Fla. 1988).

Therefore, we set aside the sentence in this case and remand for resentencing within the guidelines. Any reimposition of costs shall be after notice and an opportunity to be heard. Sentence reversed, otherwise affirmed.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.