RICHARD DARRELL MCGUIRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD DARRELL MCGUIRE, APPELLANT,
STATE OF FLORIDA, APPELLEE
555 So. 2d 1327
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GOSHORN, Judge.
This is an appeal from a departure sentence imposed after a violation of probation. Because the sentencing judge is limited to a one-cell bump-up, we reverse and remand for resentencing. Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989). Sentence VACATED; REVERSED and REMANDED.
DAUKSCH and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rossignol v. State, 566 So. 2d 374 (Fla. 5th DCA 1990)…use the reasons given relate solely to factors concerning Rossignol’s violations of probation. See Ree v. State, 565 So. 2d 1329 (Fla.1990); Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); McGuire v. State, 555 So. 2d 1327 (Fla. 5th DCA 1990); Wright v. State, 554 So. 2d 554 (Fla. 5th DCA 1989); Thomas v. State, 552 So. 2d 1195 (Fla. 5th DCA 1989). Accordingly we remand for resentencing within the authorized one cell bump-up. QUASH SENTENCE; REMAND. COWART, J.,…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)