PHELPS v. STATE

No. 90-2248.

583 So.2d 1120 (1991)

Thomas PHELPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 22, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This appeal involves a sentencing guidelines issue. Appellant was convicted of grand theft, and received a split sentence of two and one-half years incarceration followed by two years community control. Appellant's sentencing guidelines scoresheet reflected a permitted range of community control or one to four and one-half years incarceration. This combination of incarceration and community control constitutes a departure from the guidelines...

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