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STATE v. DISBROW

No. 92-2391.

626 So.2d 1123 (1993)

STATE of Florida, Appellant, v. Arthur Lew DISBROW, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellee.

W. SHARP, Judge.

The State timely appeals a back end split sentence imposed on Disbrow after he violated probation and was placed on community control. It argues the sentencing scheme is illegal,1 and that it constitutes a downward departure without written reasons.2 We agree.

On June 16, 1988, Disbrow was placed on probation in two cases: case no. 87-5227-CFA, burglary of a structure (violation of...

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