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LOUZON v. STATE

District Court of Appeal of Florida, Fifth District.
Dec 13, 1984

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.