ROY OZELL BANKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-12-15
Nos. 89-00574, 89-00575
SCHOONOVER and ALTENBERND, JJ., concur.
553 So. 2d 759 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 2 cases
Topics
Probation Revocation Sentencing Guidelines

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Opinion of the Court
CAMPBELL, Chief Judge.

CAMPBELL, Chief Judge.

Appellant challenges his sentences for possession and delivery of cocaine imposed after revocation of his probation. The guidelines recommendation was for four-and-one-half to five-and-one-half years of incarceration. A one-cell increase for violation of probation would have permitted a five-and-one-half to seven-year sentence. The trial court departed based on written reasons and sentenced appellant to fifteen years incarceration on each count to be served consecutively.

Although the trial court’s written reasons to support departure were valid according to State v. Pentaude, 500 So. 2d 526 (Fla.1987), we must reverse these sentences because recent Florida Supreme Court cases have held that, upon a revocation of probation, the trial court is limited to the original guidelines sentence and a one-cell departure for violation of probation. Ree v. State, No. 71,424 (Fla. Nov. 16, 1989) [14 FLW 565]; Dewberry v. State, 546 So. 2d 409 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989).

Based on these cases, we reverse and remand for appropriate sentencing.

SCHOONOVER and ALTENBERND, JJ., concur.

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Citator

Cited By

  • Jackson v. State, 556 So. 2d 813 (Fla. 5th DCA 1990)
    …for violation of probation. Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Dewberry v. State, 546 So. 2d 409 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Maddox, supra; Perez v. State, 554 So. 2d 14 (Fla.3d DCA 1989); Banks v. State, 553 So. 2d 759 (Fla. 2d DCA 1989); Ferguson v. State, 550 So. 2d 1176 (Fla. 3d DCA 1989); see also Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989). Therefore, the sentence imposed is vacated and the cause remanded for appropriate re-sentencing. SENTENCE VACATE…
  • Ramsey v. State, 562 So. 2d 394 (Fla. 5th DCA 1990)
    …euf v. State, 557 So. 2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So. 2d 667 (Fla. 5th DCA 1990); Jackson, supra; Maddox, supra; Teer v. State, 557 So. 2d 910 (Fla. 1st DCA 1990); Perez v. State, 554 So. 2d 14 (Fla. 3d DCA 1989); Banks v. State, 553 So. 2d 759 (Fla. 2d DCA 1989); Ferguson v. State, 550 So. 2d 1176 (Fla. 3d DCA 1989). See also Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989), rev. dismissed, 560 So. 2d 235 (Fla.1990). Therefore, the sentence imposed is vacated and the cause remanded for…

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