STATE v. VanKOOTEN

No. 71170.

522 So.2d 830 (1988)

STATE of Florida, Petitioner, v. Bruce Alan VanKOOTEN, Respondent.

Supreme Court of Florida.

March 31, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.


OVERTON, Justice.

This is a petition to review VanKooten v. State, 512 So.2d 214 (Fla. 5th DCA 1987), which held that when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure. In so holding, the court relied on its decision...

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