Johnson v. State

This is an appeal of a departure sentence. Defendant was on community control for two convictions at the time he was adjudicated guilty of burglary of a conveyance in violation of section 810.02, Florida Statutes. The trial judge revoked his community control on both convictions and sentenced the defendant to five years in prison concurrent on the three cases, giving him two years and twenty days credit on the earlier convictions, but no credit on the burglary of a conveyance conviction.1 The imposed sentence was a three cell upward departure from the recommended sentence of community control…