Legal Opinion

Monroe v. State

District Court of Appeal of Florida

Decided March 9, 1989No. 88-79PublishedCited by 1 opinion

1Opinion of the Court

COBB, Judge.

Tyrone Power Monroe appeals his conviction and sentence for attempted felony murder. We affirm the conviction. He was sentenced to 22 years in prison and two consecutive years of community control. The two years of community control is challenged on appeal as a guideline departure without written reasons since the recommended guideline sentence was 17 to 22 years in prison.

*575Community control, unlike probation, cannot exceed (when added to incarceration) the recommended incarcerative sentence without valid written reasons for departure. See State v. Van Kooten, 522 So.2d 830…

2Cases cited2 opinions

  1. State v. MestasSupreme Court of Florida · 1987
  2. Elliott v. StateDistrict Court of Appeal of Florida · 1988

3Cited by1 opinion

  1. Smith v. StateDistrict Court of Appeal of Florida · 1990

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