CLARENCE BARTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a departure sentence. Appellant was originally sentenced to two years of community control. He violated a condition of the sentence and pleaded guilty to the violation.
When sentenced for the violation the judge departed from the recommended guidelines sentence. The reasons given were that appellant had been charged with crimes in another county and thus was “unamenable to rehabilitation” and “has a serious lack of regard for the law and the judicial system.”
A one-cell bump is permitted for the admitted violation of community control, and that is all that is permitted. Lambert v. State, 545 So. 2d 838 (Fla.1989). See also Franklin v. State, 545 So. 2d 851 (Fla.1989); Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989); Branton v. State, 548 So. 2d 882 (Fla. 5th DCA 1989); Dewberry v. State, 546 So. 2d 409 (Fla.1989). The “unamenable to rehabilitation” and “lack of regard” grounds are based upon the primary ground and are not based upon any other factors of record so those reasons are unsubstantial to support a departure.
SENTENCE VACATED; REMANDED FOR RESENTENCING, WITHIN THE GUIDELINES.
DAUKSCH, GOSHORN and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCALLISTER v. State, 557 So. 2d 62 (Fla. 3d DCA 1990)…(Fla. Jan. 19, 1990); Smith v. State, 554 So. 2d 29 (Fla. 5th DCA 1989), review granted, No. 75,289 (Fla. Jan. 17, 1990); Smith v. State, 553 So. 2d 798 (Fla. [*63] 5th DCA 1989), review granted, No. 75,289 (Fla. Jan. 2, 1990); Reinertsen v. State, 553 So. 2d 799 (Fla. 5th DCA 1989), petition for review filed, No. 75,393 (Fla. Jan. 25,1990); Salerno v. State, 553 So. 2d 800 (Fla. 5th DCA 1989), review granted, No. 75,290 (Fla. Jan. 17, 1990); Raulerson v. State, 551 So. 2d 1266 (Fla. 1st DCA 1989), review gr…
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Boyd v. State, 561 So. 2d 1366 (Fla. 5th DCA 1990)…2 SENTENCE VACATED; CAUSE REMANDED. DAUKSCH, COBB and COWART, JJ., concur. . See Lambert v. State, 545 So. 2d 838 (Fla.1989); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Quarles v. State, 556 So. 2d 476 (Fla. 5th DCA 1990); Barton v. State, 553 So. 2d 799 (Fla. 5th DCA 1989). See also Jackson v. State, 560 So. 2d 405 (Fla. 5th DCA 1990); Wright v. State, 554 So. 2d 554 (Fla. 5th DCA 1989); and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). . See Shull v. Dugger, 515 So. 2d 748 (Fla.1987).…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Dewberry v. State, 546 So. 2d 409 (Fla. 1989)
- Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989)
- Arcangeli v. Albertson's, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989)
- Branton v. State, 548 So. 2d 882 (Fla. 5th DCA 1989)