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Mims v. State

District Court of Appeal of Florida, Fifth District
Jul 2, 1987
508 So. 2d 1343 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-1589.

July 2, 1987.

Appeal from the Circuit Court for Putnam County, Robert R. Perry, J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


After entering a plea of guilty, the defendant was sentenced to thirty months' incarceration, followed by two years' community control, followed by six months' probation. His presumptive guidelines sentence was "community control or twelve to thirty months incarceration." As was the case in Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987), the presumptive guidelines sentence could be either community control or twelve to thirty months' incarceration, not both. Having sentenced the defendant to both, the trial court entered a departure sentence. Because no written reasons for departure were given, the defendant's sentence must be vacated and remanded for sentencing to either the recommended guidelines sentence or a departure sentence that conforms to the sentencing guidelines. See State v. Jackson, 478 So.2d 1054 (Fla. 1985).

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH and SHARP, JJ., concur.


Summaries of

Mims v. State

District Court of Appeal of Florida, Fifth District
Jul 2, 1987
508 So. 2d 1343 (Fla. Dist. Ct. App. 1987)
Case details for

Mims v. State

Case Details

Full title:JAMES LEO MIMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 2, 1987

Citations

508 So. 2d 1343 (Fla. Dist. Ct. App. 1987)

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