Florida District Courts of Appeal, 1994

Trice v. State

Trice v. State
Florida District Courts of Appeal · Decided August 5, 1994 · Dauksch, Griffin, Thompson
640 So. 2d 1222; 1994 Fla. App. LEXIS 7763; 1994 WL 406709 (Southern Reporter, Second Series)

Trice v. State

Opinion of the Court

THOMPSON, Judge.

In this Anders appeal, we must vacate the sentencing disposition for appellant’s burglary conviction. Appellant received 2 years community control with a 364 day county jail term imposed as a special condition, to be followed by 3 years probation. Appellant’s scoresheet total placed him within the second cell, with a recommended range of community control or 12-30 months incarceration, and a permitted range of any nonstate prison sanction, community control, or 1-3½ years incarceration. The supreme court characterizes the combination of a county jail term and community control as a departure from the second cell. See State v. Davis, 630 So.2d 1059 (Fla. 1994).

JUDGMENT AFFIRMED; COMMUNITY CONTROL ORDER VACATED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

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