Booker v. State, 538 So. 2d 978 (Fla. 1st DCA 1989). · Go Syfert
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Booker v. State, 538 So. 2d 978 (Fla. 1st DCA 1989). Cases Citing This Book View Copy Cite
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Charles Randolph BOOKER
v.
STATE of Florida
No. 88-778.
District Court of Appeal of Florida, First District.
Feb 28, 1989.
Published opinion
538 So. 2d 978
1989 Fla. App. LEXIS 955
1989 WL 15908
Michael E. Allen, Public Defender, and Maria Ines Súber, Asst. Public Defender, Tallahassee, for appellant., Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.
Barfield, Shivers, Zehmer.
Published
PER CURIAM.

Booker appeals the legality of his sentence, contending that although the recommended guidelines sentence was 12 to 30 months’ incarceration or community control, the court sentenced him to 24 months’ incarceration to be followed by 9 months’ community control. As the state concedes the sentence is illegal under the recent decision in State v. VanKooten, 522 So.2d 830 (Fla.1988), the sentence is vacated and the cause is remanded for resentencing.

SHIVERS, ZEHMER and BARFIELD, JJ., concur.