Opinion
No. 93-2445.
August 5, 1994.
Appeal from the Circuit Court for Seminole County; O.H. Eaton, Jr., Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.
In this Anders appeal, we must vacate the sentencing disposition for appellant's burglary conviction. Appellant received 2 years community control with a 364 day county jail term imposed as a special condition, to be followed by 3 years probation. Appellant's scoresheet total placed him within the second cell, with a recommended range of community control or 12-30 months incarceration, and a permitted range of any nonstate prison sanction, community control, or 1-3 1/2 years incarceration. The supreme court characterizes the combination of a county jail term and community control as a departure from the second cell. See State v. Davis, 630 So.2d 1059 (Fla. 1994).
JUDGMENT AFFIRMED; COMMUNITY CONTROL ORDER VACATED AND REMANDED.
DAUKSCH and GRIFFIN, JJ., concur.