Florida District Courts of Appeal, 1995

Rode v. State

Rode v. State
Florida District Courts of Appeal · Decided January 4, 1995 · Hersey, Klein, Stone
646 So. 2d 855; 1995 Fla. App. LEXIS 41; 20 Fla. L. Weekly Fed. D 183 (Southern Reporter, Second Series)

Rode v. State

Opinion of the Court

PER CURIAM.

We affirm Appellant’s convictions for bribery and unlawful compensation but reverse Appellant’s sentence as to each count. Community control may not be imposed, other than as a guidelines departure, on a recommended guideline range of a non-state prison sanction. E.g. State v. Mestas, 507 So.2d 587 (Fla. 1987). On remand for resentencing, the trial court may consider whether to impose a departure sentence if grounds exist. State v. Vanhorn, 561 So.2d 584 (Fla. 1990).

HERSEY, STONE and KLEIN, JJ., concur.

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