Perry v. State

Full title: ROBERT PERRY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: May 9, 1994

635 So. 2d 1083 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-573.

May 9, 1994.

An appeal from Circuit Court of Duval County; Robert Foster, Judge.

Nancy A. Daniels, Public Defender, and Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Sonya Roebuck Horbelt, Asst. Atty. Gen., for appellee.

PER CURIAM.

We affirm the appellant's convictions, but vacate his sentence of one year in the county jail followed by two years of community control as such sentence constitutes a departure from the guidelines for which no contemporaneously written reasons were given. See State v. Davis, 630 So.2d 1059 (Fla. 1994). We remand for resentencing within the guidelines. See Pope v. State, 561 So.2d 554 (Fla. 1990).

BARFIELD, ALLEN and WOLF, JJ., concur.