Louzon v. State, 84-641
Decision Date | 13 December 1984 |
Docket Number | No. 84-641,84-641 |
Citation | 460 So.2d 551 |
Parties | Claudette Lisa LOUZON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.
Under the Florida Sentencing Guidelines "community control" does not encompass incarceration in state prison and therefore is properly classified as a "non-state prison sanction." See §§ 948.10(1), 948.001(1), Florida Statutes (1983); Fla.R.Crim.P. 3.701d.13 and committee note (d)(8). Therefore, the trial judge imposed a guideline sentence not a departure sentence.
AFFIRMED.
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...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. ORFINGER, SHARP and COWART, JJ., concur. ...
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...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 whether a sentence of community control as a condition of pr......
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Petras v. State, 85-1213
...3.701.3 Bordeaux v. State, 471 So.2d 1353 (Fla. 1st DCA 1985). Only felonies should be included in this category.4 Louzon v. State, 460 So.2d 551 (Fla. 5th DCA 1984); Davis v. State, 461 So.2d 1003 (Fla. 1st DCA 1984).5 See Mestas v. State, 484 So.2d 612, (Fla. 2d DCA 1986).6 The Florida Ba......
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Mestas v. State
...In a motion for rehearing, the state for the first time cites to Davis v. State, 461 So.2d 1003 (Fla. 1st DCA 1984) and Louzon v. State, 460 So.2d 551 (Fla. 5th DCA 1984). In these two cases our sister courts have held that a trial court may impose community control as a sanction under the ......