JENIGEN v. STATE

No. 2D00-4864.

801 So.2d 156 (2001)

Brian Paul JENIGEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 2001.


Attorney(s) appearing for the Case

Phillip J. Jones of Wilkins, Frohlich, Jones, Hevia, Russell & Sutter, P.A., Port Charlotte, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


STRINGER, Judge.

Brian Jenigen challenges his sentences imposed after the revocation of his community control. Jenigen alleges that the sentences amounted to upward departures from the sentencing guidelines without written reasons. Jenigen also alleges that the trial court erred in not giving him credit for time served while in a residential drug treatment program. We reverse and remand for resentencing.

In 1997, Jenigen pleaded guilty to possession of a controlled...

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