Stinson v. State

I respectfully dissent because in my view the combination of a non-state prison sanction with community control is an illegal sentence, under the applicable guideline, unless the trial court gave reasons for “departure.”

In this case, Stinson was sentenced to two years on community control on the condition that he serve 364 days in the county jail. Stinson’s scoresheet in this case, going up a one-cell bump-up for violation of probation, was community control or 12 to 30 months incarceration. The permitted range was any non-state prison sanction or community control or 1 to 3 ½ years…