State v. VanKooten, 522 So. 2d 830 (Fla. 1988). · Go Syfert
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State v. VanKooten, 522 So. 2d 830 (Fla. 1988). Cases Citing This Book View Copy Cite
95 citation events across 2 distinct courts.
Strongest positive: State v. Simmons (fla, 1997-02-13)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Simmons
Fla. · 1997 · confidence medium
Id. at 831. .
cited Cited as authority (rule) Smith v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
State v. VanKooten, 522 So.2d 830, 830-31 (Fla. 1988).
discussed Cited as authority (rule) Parker v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
However, "when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure." State v. VanKooten, 522 So.2d 830, 830-31 (Fla. 1988).
discussed Cited as authority (rule) State v. Davis
Fla. · 1994 · confidence medium
In State v. VanKooten, 522 So.2d 830, 830-31 (Fla. 1988), this Court decided "that when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure." Additionally, in State v. Mestas, 507 So.2d 587 (Fla. 1987), we held that community control is *1060 not a nonstate prison sentence and that community control as a condition of probation is a departure sentence requiring written reasons to support its imposition.
cited Cited as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 1993 · confidence medium
In State v. VanKooten, 522 So.2d 830, 831 (Fla. 1988), the supreme court ruled that, when so provided by the guidelines, either community control or incarceration could be imposed, but not both.
cited Cited as authority (rule) Collins v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
In VanKooten v. State, 522 So.2d 830, 831 (Fla. 1988), the supreme court ruled that when so provided by the guidelines cell, either community control or incarceration may be imposed, but not both.
cited Cited as authority (rule) Williams v. State
Fla. Dist. Ct. App. · 1991 · confidence medium
Id.; State v. VanKooten, 522 So.2d 830, 831 (Fla. 1988).
cited Cited as authority (rule) Tillman v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
State v. VanKooten, 522 So.2d 830, 831 (Fla. 1988).
cited Cited as authority (rule) Putt v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
The court observed, "Any change in that presumptive guideline must occur through appropriate legislative and court rule action, rather than by judicial construction." 522 So.2d at 831.
cited Cited as authority (rule) Ewing v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
Any change in that presumptive guideline must occur through appropriate legislative and court rule action, rather than by judicial construction. 522 So.2d at 831 (e.s.).
cited Cited "see" Hull v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988).
cited Cited "see" Roberson v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988).
cited Cited "see" Phelps v. State
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla. 1988); Burgess v. State, 569 So.2d 829 (Fla. 5th DCA 1990); Harris v. State, 564 So.2d 283 (Fla. 5th DCA 1990).
cited Cited "see" Wallace v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988).
cited Cited "see" Yokel v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988); White v. State, 564 So.2d 290 (Fla.2d DCA 1990).
cited Cited "see" Harris v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988); Belcher v. State, 559 So.2d 448 (Fla.5th DCA 1990); Garcia v. State, 539 So.2d 23 (Fla.2d DCA 1989).
cited Cited "see" Henshaw v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988); Pope v. State, 561 So.2d 554 (Fla.1990).
cited Cited "see" Belcher v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See State v. Van Kooten, 522 So.2d 830 (Fla.1988) and Welch v. State, 536 So.2d 225 (Fla.1988).
cited Cited "see" Glenn v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See VanKooten v. State, 522 So.2d 830 (Fla. 1988).
cited Cited "see" Smith v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988); Williams v. State, 525 So.2d 458 (Fla. 2d DCA 1988).
cited Cited "see" Monroe v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See State v. Van Kooten, 522 So.2d 830 (Fla.1988); State v. Mestas, 507 So.2d 587 (Fla.1987); Elliott v. State, 528 So.2d 98 (Fla. 2d DCA 1988).
cited Cited "see" Garcia v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See State v. VanKooten, 522 So.2d 830 (Fla.1988).
cited Cited "see" Elliott v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See State v. Van Kooten, 522 So.2d 830 (Fla.1988); State v. Mestas, 507 So.2d 587 (Fla.1987); Teaford; Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987).
cited Cited "see, e.g." Allen v. State
Fla. Dist. Ct. App. · 1995 · signal: see also · confidence low
See also State v. Van Kooten, 522 So.2d 830 (Fla.1988).
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Bruce Alan VanKOOTEN, Respondent.
71170.
Supreme Court of Florida.
Mar 31, 1988.
522 So. 2d 830
Overton.
Cited by 38 opinions  |  Published

Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

OVERTON, Justice.

This is a petition to review VanKooten v. State, 512 So.2d 214 (Fla. 5th DCA 1987), which held that when the presumptive guideline sentence directs community control[*831] or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure. In so holding, the court relied on its decision in Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987), and certified conflict with the Second District Court of Appeal's decision in Francis v. State, 487 So.2d 348 (Fla. 2d DCA 1986). We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and approve VanKooten and Hankey and disapprove the Second District's decision in Francis.

In Francis, the district court recognized that its holding converted "the applicable range to `community control and 12 to 30 months' incarceration,'" explaining that "the use of the word `or' in this cell was not intended to make the alternatives mutually exclusive but rather was designed to permit the imposition of either or both sanctions." 487 So.2d at 349 (emphasis in original). We disagree. The guideline clearly states that the appropriate sentence was community control or incarceration. Any change in that presumptive guideline must occur through appropriate legislative and court rule action, rather than by judicial construction.

Accordingly, we approve the instant case and the Fifth District's decision in Hankey, and disapprove the Second District's decision in Francis.

It is so ordered.

McDONALD, C.J., and EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.