Falzone v. State

LEHAN, Judge.

Defendant appeals from his sentences consisting of 18 months incarceration, 18 months community control, and 10 years probation. He contends that (a) section 948.01(8), Florida Statutes (1985), prohibits the imposition of community control and probation together in one sentence, and (b) that incarceration followed by community control is a departure from the sentencing guidelines requiring proper written reasons which were not provided in this case.

Although the rationale of Francis v. State, 487 So.2d 348 (Fla. 2d DCA 1986), might seem to call for an affirmance as to both (a) and…