STEVEN M. BANKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Departure Sentence cases and more on FLexlaw
PER CURIAM.
The sentence imposed upon appellant is reversed, and we remand for resentencing in accordance with Washington v. State, 564 So. 2d 168 (Fla. 5th DCA June 21, 1990). A departure sentence may not be imposed at resentencing. Pope v. State, 561 So. 2d 554 (Fla.1990).
The maximum period of incarceration that may be imposed in case number 87-4283, including the one-cell bump-up for violation of probation, is 30 months. In case number 88-9627, the maximum period of incarceration that may be imposed for 3⅜ years, including the one-cell bump-up for committing the new offense while on probation for the old offense. The increased penalty for the new offense results from the “one scoresheet” concept of the sentencing guidelines. Peters v. State, 531 So. 2d 121 (Fla.1988).
REVERSED AND REMANDED.
COBB, GOSHORN and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vertince Green v. State, 578 So. 2d 447 (Fla. 1st DCA 1991)…to July 1, 1988, the effective date of the statute approving the rule that adopted and incorporated “permitted ranges.” [Footnote omitted]. Washington, 564 So. 2d at 169. See also Lape v. State, 569 So. 2d 529 (Fla. 5th DCA 1990); Banks v. State, 566 So. 2d 366 (Fla. 5th DCA 1990); True v. State, 564 So. 2d 1104 (Fla. 4th DCA 1990). Thus, we find that the lower court appropriately imposed 4½ year terms of incarceration within the “permitted ranges” for resisting arrest with violence (89-1720) and utterin…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Peters v. State, 531 So. 2d 121 (Fla. 1988)
- Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990)