Oglesby v. State

Pursuant to sentencing guidelines, appellant could have received a sentence within the permitted range of “any nonstate prison sanction or community control or 1-3 ½ years incarceration.” I do not believe that the sentence imposed by the trial court (11 months, 29 days’ incarceration, followed by two years’ community control) constituted a departure sentence.

In State v. VanKooten, 522 So.2d 830 (Fla.1988); State v. Bodine, 522 So.2d 830 (Fla.1988); Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987), rev. denied, 515 So.2d 230 (Fla.1987), (approved by the supreme court in VanKooten)] and…