659 So. 2d 493

Kenneth O. BROWN, Appellant, v. STATE of Florida, Appellee.

No. 94-2180.

District Court of Appeal of Florida, Fifth District.

Sept. 1, 1995.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Day-tona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The original sentence in this case was a sentence of community control and incarceration when the recommended guideline range was community control or incarceration. We reversed on the basis of State v. Davis, 630 So.2d 1059 (Fla.1994), and remanded for re-sentencing.

At resentencing, although the guideline sentence in this ease permitted a maximum of three and one-half years incarceration, the court sentenced Brown to four years in prison without providing written reasons.

The State seeks to justify the sentence because it alleges that Brown violated his previously imposed community control. We are doubtful, however, that one can violate an invalidly imposed sentence of community control. In any event, there is nothing in the record (such as a revised scoresheet) that indicates such intention on the part of the court.

REVERSED and REMANDED for re-sentencing within the guideline range.

PETERSON, C.J., and W. SHARP and HARRIS, JJ., concur.

Brown v. State
659 So. 2d 493

Case Details

Name
Brown v. State
Decision Date
Sep 1, 1995
Citations

659 So. 2d 493

Jurisdiction
Florida

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