McCarthy v. State

NORTHCUTT, Judge.

The circuit court revoked Anthony McCarthy’s probation in four cases. Although McCarthy’s sentencing scoresheet prescribed a nonstate prison sanction, the court sentenced him to prison pursuant to section 775.082(10), Florida Statutes (2010). We conclude that the court’s findings were insufficient to establish the required nexus between sentencing McCarthy to a nonstate prison sanction and any resulting danger to the public. Therefore, we reverse and remand for the imposition of a nonstate prison sanction.

In each of two separate cases, McCarthy pleaded to one count of…