State v. Mestas, 507 So. 2d 587 (Fla. 1987). · Go Syfert
Search
State v. Mestas, 507 So. 2d 587 (Fla. 1987). Cases Citing This Book View Copy Cite
“community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any nonstate prison sanction.”
39 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Fraser v. State (fla, 1992-07-23)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (verbatim quote) Fraser v. State
Fla. · 1992 · quote attribution · 1 verbatim quote · confidence high
community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any nonstate prison sanction.
cited Cited as authority (rule) TIMOTHY TURNER v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
Community control is, indeed, "a harsh and more severe alternative to ordinary probation." State v. Mestas, 507 So. 2d 587, 588 (Fla. 1987).
cited Cited as authority (rule) Trotter v. Secretary, Department of Corrections
11th Cir. · 2008 · confidence medium
The Supreme Court of Florida has characterized community control as “a harsh and more severe alternative to ordinary probation.” State v. Mestas, 507 So.2d 587, 588 (Fla. 1987) (Barkett, J.).
discussed Cited as authority (rule) Ogden v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
In State v. Mestas, 507 So.2d 587, 588 (Fla. 1987), the court noted that community control is a "harsh and more severe alternative to ordinary probation." See also Braxton v. State, 524 So.2d 1141 (Fla. 2d DCA 1988); Stranigan v. State, 457 So.2d 546 (Fla. 2d DCA 1984).
cited Cited as authority (rule) Williams v. State
Fla. Dist. Ct. App. · 1991 · confidence medium
State v. Mestas, 507 So.2d 587, 587-88 (Fla. 1987).
discussed Cited as authority (rule) Braxton v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
Community control is "a harsh and more severe alternative to ordinary probation," State v. Mestas, 507 So.2d 587, 588 (Fla. 1987), but for present purposes we do not equate community control with incarceration.
discussed Cited "see" United States v. Wright (2×)
11th Cir. · 2010 · signal: see · confidence high
See State v. Mestas, 507 So.2d 587, 588 (Fla.1987); Zack v. State, 753 So.2d 9, 25 (Fla.2000).
discussed Cited "see" State v. Cregan
Fla. · 2005 · signal: see · confidence high
See State v. Mestas, 507 So.2d 587, 588 (Fla.1987) (referring to community control as "a harsh and more severe alternative to ordinary probation"); see also Fraser, 602 So.2d at 1300 (referring to community control as "a more coercive deprivation of liberty and a more serious penalty than probation").
cited Cited "see" Levy v. State
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See State v. Mesías, 507 So.2d 587 (Fla.1987).
cited Cited "see" Swain v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See State v. Mestas, 507 So.2d 587, 588 (Fla. 1987), quashed on other grounds in Welch v. State, 536 So.2d 225 (Fla. 1988); Stranigan v. State, 457 So.2d 546 (Fla. 2d DCA 1984).
discussed Cited "see" State v. Hopkins
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See State v. Mestas, 507 So.2d 587 (Fla. 1987); Fla.R.Crim.P. 3.701 committee note d(13) (Dec. 19, 1985 amendment); The Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988 — Sentencing Guidelines), 468 So.2d 220 (Fla. 1985).
cited Cited "see" Hunt v. State
Fla. Dist. Ct. App. · 1987 · signal: accord · confidence high
Accord State v. Mestas, 507 So.2d 587 (Fla.1987), aff 'g, 484 So.2d 612 (Fla. 2d DCA 1986).
discussed Cited "see" Grace v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See State v. Mestas, 507 So.2d 587 (Fla.1987) (“Community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any ‘nonstate prison sanction.’ ”).
cited Cited "see, e.g." Johnson v. State
Fla. Dist. Ct. App. · 1987 · signal: see also · confidence low
See also State v. Mestas, 507 So.2d 587 (Fla. 1987), for the proposition that probation and community control are not interchangeable under the guidelines.
STATE of Florida, Petitioner,
v.
Kimberly MESTAS, Respondent.
68489.
Supreme Court of Florida.
Mar 12, 1987.
507 So. 2d 587
Barkett.
Cited by 37 opinions  |  Published

Robert A. Butterworth, Jr., Atty. Gen. and James A. Young, Asst. Atty. Gen., Tampa, for petitioner.

J. Marion Moorman, Public Defender, Tenth Judicial Circuit, and Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for respondent.

BARKETT, Justice.

We have for review Mestas v. State, 484 So.2d 612 (Fla. 2d DCA 1986), because of certified conflict with Davis v. State, 461 So.2d 1003 (Fla. 1st DCA 1984), and Louzon v. State, 460 So.2d 551 (Fla. 5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The issue presented is whether a sentence of community control as a condition of probation constitutes a "departure sentence" under the sentencing guidelines requiring written reasons for its imposition when the defendant's recommended sentence is any "nonstate prison sanction."

Kimberly Mestas pled guilty to grand theft in the second degree. Her recommended sentence under the guidelines was any "nonstate prison sanction." The trial court sentenced her to a five-year term of probation with the condition that the first two years be served under community control. The district court found that community control was not a "nonstate prison sanction," and therefore viewed Mestas' sentence as a departure. Because there were no written reasons justifying a departure, the district court remanded to the trial court to strike the community control condition of Mestas' probation.

The state contends that community control should be considered a "nonstate prison sanction" and that therefore the sentence in this case is not a departure sentence. Both parties concede that this Court has recently clarified this issue in the latest amendment to the committee note dealing with the imposition of community control:

Community control is not an alternative sanction from the recommended range of any nonstate prison sanction unless the provisions of Florida Rule of Criminal Procedure 3.701(d)(11) [articulated reasons for departure] are applied.

[*588] The Florida Bar Re: Rules of Criminal Procedure (Sentencing Guidelines, 3.701, 3.988), 482 So.2d 311, 317 (Fla. 1985) (Committee Note (d)(13)).

This revision was intended to clarify the intent of the Sentencing Guidelines Commission that community control is not to be considered as a nonstate prison sanction under the guidelines. We decline the state's invitation to reconsider this issue. Community control, which is a harsh and more severe alternative to ordinary probation, is a departure sentence when the guidelines call for any "nonstate prison sanction." Accordingly, we approve the decision below and disapprove Davis and Louzon.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH and SHAW, JJ., and ADKINS, J. (Ret.), concur.