HERNANDEZ v. STATE

No. 93-01864.

672 So.2d 66 (1996)

Juan M. HERNANDEZ, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 17, 1996.


Attorney(s) appearing for the Case

Mark Wolfe, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Juan M. Hernandez, Jr., appeals his sentence imposed upon revocation of probation. We reverse and remand for resentencing because the trial court incorrectly assumed that a youthful offender could receive a 6-year sentence following a violation of community control without regard to the guidelines scoresheet.

In 1992, the state charged Mr. Hernandez with discharging a firearm from a vehicle, a second-degree felony, and with three third-degree...

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