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Henderson v. State

District Court of Appeal of Florida, Second District
Nov 2, 1990
571 So. 2d 511 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-01390.

November 2, 1990.

Appeal from the Circuit Court for Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


John Dudley Henderson appeals his split sentence, imposed after a finding that he had violated the terms and conditions of community control. The state appears to concede that the sentence represents a violation of State v. VanKooten, 522 So.2d 830 (Fla. 1988). We disagree and affirm.

In November, 1988, Henderson was alleged to have violated the community control portion of a previously imposed split sentence. Upon a finding of guilt he was sentenced to thirty months in prison followed by five years probation. Contrary to the position taken in Henderson's brief, this does not violate VanKooten, for the simple reason that no term of community control is involved. Instead, the sentence of thirty months falls within the adjusted guideline matrix, while the consecutive probation is authorized, without the necessity of a separate departure order, by rule 3.701(d)(12). See Petrillo v. State, 554 So.2d 1227 (Fla.2d DCA 1990).

Affirmed.

SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.


Summaries of

Henderson v. State

District Court of Appeal of Florida, Second District
Nov 2, 1990
571 So. 2d 511 (Fla. Dist. Ct. App. 1990)
Case details for

Henderson v. State

Case Details

Full title:JOHN DUDLEY HENDERSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 2, 1990

Citations

571 So. 2d 511 (Fla. Dist. Ct. App. 1990)