Opinion
No. BM-339.
May 8, 1987.
Appeal from the Circuit Court, Leon County, Charles D. McClure, J.
Michael E. Allen, Public Defender, David A. Davis, and Pamela D. Presnell, Asst. Public Defenders, Tallahassee, for appellant.
Jim Smith, Atty. Gen., Norma J. Mungenast, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant appeals a sentence of two years community control as a departure from the recommended guidelines sentence of any nonstate prison sanction. The trial court failed to state any reasons for departure because he did not consider the sentence imposed a departure sentence. We reverse. See State v. Mestas, 507 So.2d 587 (Fla. 1987) ("Community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any `nonstate prison sanction.'"). The cause is remanded to the trial court for resentencing.
MILLS and WIGGINTON, JJ., concur.