JAMES H. BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant.appeals his sentence complaining that the trial court erred in relying upon an amendment to the sentencing guidelines which provides for “bumping up” a sentence range into the next higher “cell” when a defendant’s probation is revoked. See Rule 3.701(d)(14), Fla.R. Crim.P. This rule was not effective until July 1,1984, several months after appellant was sentenced. While this appeal was pending, this court decided Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984), which holds that this amended rule cannot be applied retroactively. See also Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984); and Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984). Accordingly, appellant’s sentence is VACATED and the case is REMANDED for resentencing.
SMITH, ZEHMER and BARFIELD, JJ., concur.
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Scott v. State, 469 So. 2d 865 (Fla. 1st DCA 1985)…Scott was being sentenced at the same hearing. Rule 3.701(d)(14), Fla.R.Cr.P. This rule was not in effect at Scott’s sentencing and it was therefore improperly used to “bump up” the recommended range to 9-12 years incarceration. See Barnes v. State, 461 So. 2d 216 (Fla. 1st DCA 1984).' The State suggests that, because of the amount of the departure, the error is harmless. However, the combination of errors herein made it appear that the maximum guidelines sentence available was 12 years, not the actual maximu…
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Olin J. Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985)…ecially concurring. I concur for the reasons stated in Judge Mills’ opinion, and would only add that our holding prohibiting retroactive application of amendments to the guidelines is consistent with prior decisions of this court. Barnes v. State, 461 So. 2d 216 (Fla. 1st DCA 1984); Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984); Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984); Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984); Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984); and Jackson v.…
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Richardson v. State, 472 So. 2d 1278 (Fla. 1st DCA 1985)…ccordance with the sentencing guidelines in effect at the time the offenses were committed. This holding is consistent with prior decisions of this court which have held that the amended guidelines may not be applied retroactively. Barnes v. State, 461 So. 2d 216 (Fla. 1st DCA 1984); Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984); Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984); Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984); Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984); and Jackson v.…
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- Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
- Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984)
- Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984)