Louzon v. State

Full title: CLAUDETTE LISA LOUZON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 13, 1984

460 So. 2d 551 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-641.

December 13, 1984.

Appeal from the Circuit Court, Brevard County, Edward M. Jackson, J.

James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Under the Florida Sentencing Guidelines "community control" does not encompass incarceration in state prison and therefore is properly classified as a "non-state prison sanction." See §§ 948.10(1), 948.001(1), Florida Statutes (1983); Fla.R.Crim.P. 3.701d.13 and committee note (d)(8). Therefore, the trial judge imposed a guideline sentence not a departure sentence.

AFFIRMED.

COBB, C.J., and SHARP and COWART, JJ., concur.