Thicklin v. State, 91-2044

• Citation: 599 So.2d 202
• Decision Date: 08 May 1992
• Docket Number: No. 91-2044,91-2044
• Court: Court of Appeal of Florida (US)
• Parties: 17 Fla. L. Weekly D1199 Sharon Diane THICKLIN, Appellant, v. STATE of Florida, Appellee.

Page 202

599 So.2d 202 17 Fla. L. Weekly D1199 Sharon Diane THICKLIN, Appellant,
v.
STATE of Florida, Appellee. No. 91-2044. District Court of Appeal of Florida,
First District. May 8, 1992.

Page 203

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Chief Judge.

This appeal is taken from the sanctions imposed after the original sentences were vacated, and remanded for resentencing. See Thicklin v. State, 578 So.2d 375 (Fla. 1st DCA 1991) (Thicklin I ). Appellant challenges the remand sentencing, contending that she has served the maximum guidelines sentence she could receive in connection with a 1989 case, and the addition of community control and probation to the sentence is unenforceable. Appellant also contests the remand imposition of a fine, costs, community service, and the costs associated with community service. The state agrees the addition of community control to the completed incarcerative portion of appellant's sentence resulted in a sentence in excess of the permitted guidelines range. However, the state asserts the imposition of probation was proper, and notes appellant expressly agreed to the imposition of costs and fines when entering her pleas. We affirm in part, and reverse in part.

In Case No. 88-2390, appellant was convicted of possession of cocaine and drug paraphernalia, and was placed on community control. Subsequently, in Case No. 89-2685, appellant pled nolo contendere to sale of cocaine and, consequently, to violation of her community control from the prior possession conviction. The trial court imposed the following sentences: Case No. 88-2390--5 years of incarceration; Case No. 89-2685--7- 1/2 years of incarceration, followed by probation for 7- 1/2 years, to be served concurrently with the sentence in Case No. 88-2390. Including the one-cell increase permitted for violation of community control, the maximum guidelines sentence was 4- 1/2 years. Therefore, the sentences were vacated and remanded for resentencing within the guidelines, or with the one-cell increase permitted by Florida Rule of Criminal Procedure 3.701(d)14. Thicklin I, 578 So.2d at 376.

On remand, in Case No. 88-2390, the trial court sentenced appellant to incarceration for 4- 1/2 years, awarded credit for time served from March 13, 1990, forward, with "the remainder of her sentence, ... if any, on probation." In Case No. 89-2685, the second degree felony offense of sale of cocaine, appellant was placed on community control for two years, to be followed by a 13-year period of probation. This sentence was to run consecutively to the sentence imposed in Case No. 89-2685. In addition, the trial court directed appellant to pay a statutory fee and costs of $229.00, to perform 1,000 community service hours, to pay $500.00 in costs associated with supervision of community service, to pay $100.00 in costs pursuant to Chapter 893, Florida Statutes, and to pay a fine of $1,000.00. On May 24, 1991, appellant was released from custody in connection with both the 1988 and 1989 concurrent sentences.

Appellant's first argument is...