Cox v. State, 87-03126

• Decision Date: 02 March 1990
• Docket Number: No. 87-03126,87-03126
• Citation: 557 So.2d 674
• Parties: 15 Fla. L. Weekly D595 Collie A. COX, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 674

557 So.2d 674

15 Fla. L. Weekly D595

Collie A. COX, Appellant, v. STATE of Florida, Appellee.

No. 87-03126.

District Court of Appeal of Florida, Second District.

March 2, 1990.

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the finding of the trial court that appellant Collie Cox violated the terms and conditions of his probation. The sentence imposed, thirty months in prison followed by community control, represents a departure from the guideline recommendation of twelve to thirty months. State v. Van Kooten, 522 So.2d 830 (Fla.1988). No written reasons in support of the departure are to be found within the record before us.

Accordingly, we remand this case for resentencing within the guideline range. Since this can be accomplished by deleting the consecutive community control provision, appellant need not be present for this purpose.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.