Davis v. State, AX-47
| Decision Date | 21 December 1984 |
| Docket Number | No. AX-47,AX-47 |
| Citation | 461 So.2d 1003,10 Fla. L. Weekly 34 |
| Parties | 10 Fla. L. Weekly 34 Johnny Eugene DAVIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender, and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant, pursuant to plea negotiations with the State, pled guilty to aggravated assault. Appellant's sentencing guidelines scoresheet shows a recommended/presumptive sentence of any nonstate prison sanction. The trial court did not find any clear and convincing reasons to deviate from the recommended sentence and placed appellant in a community control program for five years with the condition, among others, that appellant spend twelve months in the Duval County jail. Appellant contends that his placement in community control for a five year period was error. We agree and reverse and remand.
Initially, contrary to appellant's first contention, we find and hold that community control is a proper sanction to be imposed by a trial court under the sentencing guidelines category of any nonstate prison sanction for the reasons expressed in Mitchell v. State, No. AX-361, 463 So.2d 416 (Fla. 1st DCA 1985).
We agree, however, with appellant's second contention that the trial court erred in placing appellant in a community control program for five years. RCrP 3.701(d)(13) provides that when community control is imposed, it shall not exceed the term provided by general law. Chapter 948, Florida Statutes (1983) sets forth pertinent provisions relating to community control and probation. Section 948.01(5), Florida Statutes (1983), provides in part:
The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. When supervision or a program of public service is ordered by the court, the duration of such supervision or program may not be longer than the sentence that could have been imposed if the offender had been committed for the offense or a period not to exceed 2 years, whichever is less.
We interpret the above provision as applying to both probation and community control, since both community control and probation involve supervision. See section 948.001(2) (); section 948.03(2) (...
To continue reading
Request your trial
-
State v. Williams
...community control may be imposed for a maximum of two years. Crawford v. State, 567 So.2d 428, 429 (Fla.1990); Davis v. State, 461 So.2d 1003, 1004 (Fla. 1st DCA 1984), disapproved of on other grounds, State v. Mestas, 507 So.2d 587 (Fla.1987).In this case, the trial court sentenced William......
-
Weaver v. State, 91-142
...428 (Fla.1990); Sanchez v. State, 538 So.2d 923 (Fla. 5th DCA 1989); Mick v. State, 506 So.2d 1121 (Fla. 1st DCA 1987); Davis v. State, 461 So.2d 1003 (Fla. 1st DCA 1984). However, section 948.01(5) of the Florida Statutes (1989) states, in pertinent When community control or a program of p......
-
Reeves v. State, 86-70
...within the meaning of that term in the sentencing guidelines. See Mitchell v. State, 463 So.2d 416 (Fla. 1st DCA 1985); Davis v. State, 461 So.2d 1003 (Fla. 1st DCA 1984); Louzon v. State, 460 So.2d 551 (Fla. 5th DCA 1984). Contra Mestas v. State, 484 So.2d 612 (Fla. 2d DCA AFFIRMED. ORFING......
-
State v. Mestas
...Justice. We have for review Mestas v. State, 484 So.2d 612 (Fla. 2d DCA 1986), because of certified conflict with Davis v. State, 461 So.2d 1003 (Fla. 1st DCA 1984), and Louzon v. State, 460 So.2d 551 (Fla. 5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), The issue presented is wheth......