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Louzon v. State, 84-641 (1984)

Court: District Court of Appeal of Florida Number: 84-641 Visitors: 18
Judges: Per Curiam
Filed: Dec. 13, 1984
Latest Update: Mar. 01, 2020
Summary: 460 So. 2d 551 (1984) Claudette Lisa LOUZON, Appellant, v. STATE of Florida, Appellee. No. 84-641. District Court of Appeal of Florida, Fifth District. December 13, 1984. *552 James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. PER CURIAM. Under the Florida Sentencing Guidelines "community control" does not encompass incarceration in sta
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460 So. 2d 551 (1984)

Claudette Lisa LOUZON, Appellant,
v.
STATE of Florida, Appellee.

No. 84-641.

District Court of Appeal of Florida, Fifth District.

December 13, 1984.

*552 James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Under the Florida Sentencing Guidelines "community control" does not encompass incarceration in state prison and therefore is properly classified as a "non-state prison sanction." See ยงยง 948.10(1), 948.001(1), Florida Statutes (1983); Fla.R.Crim.P. 3.701d.13 and committee note (d)(8). Therefore, the trial judge imposed a guideline sentence not a departure sentence.

AFFIRMED.

COBB, C.J., and SHARP and COWART, JJ., concur.

Source:  CourtListener

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