Legal Opinion

State v. Colon

District Court of Appeal of Florida

Decided July 9, 1997No. 96-03725Published

1Opinion of the Court

NORTHCUTT, Judge.

After Edilberto Colon pleaded no contest to trafficking in methamphetamine, the trial court sentenced him to two years’ community control to be followed by two years’ drug offender probation. This sentence was a downward departure from the guidelines, but the court never filed written reasons for the departure. Colon concedes that the court erred. Accordingly, we reverse and remand for sentencing within the guidelines. See Pope v. State, 561 So.2d 554 (Fla.1990).1 Colon may be entitled to credit against his sentence for the time he served on community control pending the…

2Cases cited3 opinions

  1. Pope v. StateSupreme Court of Florida · 1990
  2. Fraser v. StateSupreme Court of Florida · 1992
  3. State v. PeaseDistrict Court of Appeal of Florida · 1996

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