Rode v. State

PER CURIAM. We affirm Appellant’s convictions for bribery and unlawful compensation but reverse Appellant’s sentence as to each count. Community control may not be imposed, other than as a guidelines departure, on a recommended guideline range of a non-state prison sanction. E.g. State v. Mestas, 507 So.2d 587 (Fla.1987). On remand for resentencing, the trial court may consider whether to impose a departure sentence if grounds exist. State v. Vanhorn, 561 So.2d 584 (Fla.1990). HERSEY, STONE and KLEIN, JJ., concur.