Opinion
No. 94-831.
January 20, 1995.
Appeal from the Circuit Court for Hernando County; John W. Springstead, Judge.
James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Steven J. Guardiano, Sr. Asst. Atty. Gen., Daytona Beach, for appellee.
The state concedes error in sentencing Garaguso to three and one-half years incarceration, followed by eighteen months community control, pursuant to the applicable guidelines sentence without providing written reasons for departure. It is now established that a combined sanction of incarceration and community control in a bracket allowing one or the other, constitutes a departure sentence, even if the combined time periods do not exceed the maximum allowable period of time permitted by the guidelines. State v. Davis, 630 So.2d 1059 (Fla. 1994); Felty v. State, 630 So.2d 1092 (Fla. 1994). Accordingly, we quash the sentence and remand for resentencing. See Hicks v. State, 640 So.2d 1221 (Fla. 5th DCA 1994); Brown v. State, 639 So.2d 1136 (Fla. 5th DCA 1994).
AFFIRMED in part; SENTENCE QUASHED; REMANDED for resentencing.
GOSHORN and DIAMANTIS, JJ., concur.