Peoples v. State

Peoples was adjudicated guilty of possession of cocaine and of sale of cocaine. The trial court sentenced her for each offense to concurrent terms of 90 days in jail, followed by 1 year of community control. Her permitted guidelines range was any non-state prison sanction or community control; or 1 to 3½ years in prison. The recommended sentence was community control or 12 to 30 months’ incarceration.

Peoples argues on appeal that her sentence is illegal on the authority of State v. VanKooten, 522 So.2d 830 (Fla.1988), and Oglesby v. State, 584 So.2d 93 (Fla. 1st DCA 1991). We agree that the…