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Hankey v. State

Hankey v. State, 505 So. 2d 701 (Fla. Dist. Ct. App. 1987)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
April 23, 1987
Docket
No. 86-1586
Judges
Sharp
Citations
505 So. 2d 70112 Fla. L. Weekly 1088
Cited by 26

Opinion

505 So.2d 701 (1987)

Thomas Raymond HANKEY, Appellant,

v.

STATE of Florida, Appellee.

No. 86-1586.

District Court of Appeal of Florida, Fifth District.

April 23, 1987.

James B. Gibson, Public Defender and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

James A. Butterworth, Atty. Gen., Tallahassee and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Hankey was resentenced to thirty months incarceration, followed by two years community control, followed by five years probation. He had been convicted of burglary of a dwelling [1] and burglary of a structure. [2] The presumptive guideline sentence based on Hankey's 48 point count was "community control or 12 to 30 months incarceration," the second bracket of the category 5 scoresheet. Because no written reasons for a departure sentence were given, we vacate the sentence.

In this particular bracket it is clear that the presumptive sentence could only be either community control or 12 to 30 months incarceration. If incarceration was imposed, there could be no community control, based on the language of the guidelines. Similarly, the court could not have imposed incarceration time if it elected community control.

Accordingly, Hankey's sentence departed upward from the guidelines presumptive sentence. Since the trial judge failed to give any written reasons for aggravating Hankey's punishment, we must vacate the sentence and remand for resentencing. State v. Jackson, 478 So.2d 1054 (Fla. 1985).

VACATE SENTENCE; REMAND.

UPCHURCH, C.J., and COWART, J., concur.

NOTES

[1] § 810.02(3), Fla. Stat. (1983).

[2] § 810.02(1), Fla. Stat. (1983).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 26 cases

View all citing references →
1987: 71988: 171990: 11991: 119872026peak 1988 · 17

Relies on it most ⓘ

  1. Sanders v. State516 So. 2d 38 (Fla. Dist. Ct. App. 1987)
  2. State v. VanKooten522 So. 2d 830 (Fla. 1988)
  3. Bodine v. State517 So. 2d 782 (Fla. Dist. Ct. App. 1988)
  4. Soard v. State531 So. 2d 248 (Fla. Dist. Ct. App. 1988) · Dissent
  5. Hankey v. State529 So. 2d 736 (Fla. Dist. Ct. App. 1988)
  6. Tillman v. State555 So. 2d 940 (Fla. Dist. Ct. App. 1990)

Most recent

  1. Oglesby v. State584 So. 2d 93 (Fla. Dist. Ct. App. 1991) · Concurring in Part, Dissenting in Part
  2. Tillman v. State555 So. 2d 940 (Fla. Dist. Ct. App. 1990)
  3. Reese v. State535 So. 2d 676 (Fla. Dist. Ct. App. 1988)
  4. Dyer v. State534 So. 2d 843 (Fla. Dist. Ct. App. 1988)
  5. Soard v. State531 So. 2d 248 (Fla. Dist. Ct. App. 1988) · Dissent
  6. Jackson v. State529 So. 2d 1277 (Fla. Dist. Ct. App. 1988) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Jackson, 478 So. 2d 1054 (Fla. 1985) 311

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