Flake v. State

Full title: TOBY REED FLAKE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 7, 1988

517 So. 2d 784 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-740.

January 7, 1988.

Appeal from the Circuit Court for Seminole County; S. Joseph Davis, Jr., Judge.

James B. Gibson, Public Defender, and Barbara Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The defendant appeals, on the basis of Hankey v. State, 505 So.2d 701 (Fla. 5th DCA), rev. denied, 515 So.2d 230 (Fla. 1987), only one sentence (case no. 86-2769) of multiple sentences scored on a single guidelines scoresheet. The appealed sentence was for community control only and not incarceration. Standing alone, the appealed sentence does not violate Hankey and it is therefore

AFFIRMED.

DAUKSCH, COBB and COWART, JJ., concur.