Stinson v. State

HARRIS, Judge.

We affirm on the authority of Reese v. State, 535 So.2d 676 (Fla. 5th DCA 1988) and Tillman v. State, 555 So.2d 940 (Fla. 5th DCA 1990). Both of these cases reject the position of the dissent that the imposition of jail time as a condition of community control is an illegal sentence. The legislature has specifically authorized the court to impose up to 364 days incarceration as a condition of probation or community control. See § 948.03(8), Fla.Stat. (1989). Since the guideline schedules only address “12-30 months incarceration,” it is evident that county jail incarceration (364…