626 So. 2d 1121

Adam Troy HAMMOND, Appellant, v. STATE of Florida, Appellee.

No. 92-3096.

District Court of Appeal of Florida, Fifth District.

Dec. 3, 1993.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

In the instant appeal, this appellant contends the trial court improperly departed from the sentencing guidelines without written reasons.

The defendant, Adam Troy Hammond, was to be sentenced for a category 1 offense wherein the recommended range was 3-7 years with a permitted range of community control or 1-12 years incarceration. The trial court sentenced Hammond to 364 days incarceration followed by two years community control to be followed again by 12 years probation.

Hammond correctly argues that this sentence exceeds the guidelines range since it consists of incarceration and community control. State v. VanKooten, 522 So.2d 830 (Fla.1988). Accordingly, Hammond’s sentence is reversed with instructions to the trial court to resentence within the guidelines.

AFFIRMED IN PART; REVERSED IN PART.

DAUKSCH and W. SHARP, JJ., concur.

Hammond v. State
626 So. 2d 1121

Case Details

Name
Hammond v. State
Decision Date
Dec 3, 1993
Citations

626 So. 2d 1121

Jurisdiction
Florida

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