Legal Opinion

Reed v. State

District Court of Appeal of Florida

Decided October 23, 1996No. 95-3543PublishedCited by 2 opinions

1Opinion of the Court

POLEN, Judge.

Gary Reed pled nolo contendere to Count I, burglary of a conveyance with an assault or battery, and Count II, battery. The court imposed a youthful offender sentence on Count I of four (4) years in the Department of Corrections to be followed by two (2) years community control. Reed was sentenced to time served on Count II. Because this sentence constitutes an impermissible guideline departure, we reverse and remand for resen-tencing.

The trial court erred by imposing the split sentence of four years incarceration, followed by two years community control. The combination of…

2Cases cited4 opinions

  1. State v. BetancourtSupreme Court of Florida · 1989
  2. Thomas v. StateDistrict Court of Appeal of Florida · 1992
  3. Betancourt v. StateDistrict Court of Appeal of Florida · 1989
  4. Jones v. StateDistrict Court of Appeal of Florida · 1991

3Cited by2 opinions

  1. Easton v. StateDistrict Court of Appeal of Florida · 1997
  2. Watson v. StateDistrict Court of Appeal of Florida · 1997

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