Phelps v. State

DAUKSCH, Judge.

This appeal involves a sentencing guidelines issue. Appellant was convicted of grand theft, and received a split sentence of two and one-half years incarceration followed by two years community control. Appellant’s sentencing guidelines score-sheet reflected a permitted range of community control or one to four and one-half years incarceration. This combination of incarceration and community control constitutes a departure from the guidelines. See State v. VanKooten, 522 So.2d 830 (Fla. 1988); Burgess v. State, 569 So.2d 829 (Fla. 5th DCA 1990); Harris v. State, 564 So.2d 283…