ESTER WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal Williams challenges her sentence upon revocation of probation. Williams’ presumptive sentencing range under the guidelines, including the one-cell increase for violation of probation, was 3V2 to 4½ years’ incarceration. The trial court departed from this range and sentenced Williams to fifteen years’ incarceration. Although there are no written reasons for the departure included in the record, at the sentencing hearing, the trial court announced its reasons, all of which relate to the charges forming the basis of the probation violation. Because the trial court did not provide written reasons for departure and all of the reasons announced at sentencing hearing have recently been held invalid, we reverse Williams’ sentence and remand for resentencing within the guidelines presumptive range, which includes the one-cell increase for violation of probation. See Dewberry v. State, 546 So. 2d 409 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); State v. Jackson, 478 So. 2d 1054 (Fla.1985).
RYDER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Will George Scott v. State, 553 So. 2d 371 (Fla. 2d DCA 1989)…” The supreme court subsequently held invalid this [*372] reason for departure. See Dewberry v. State, 546 So. 2d 409 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v.. State, 545 So. 2d 838 (Fla.1989). See also Williams v. State, 551 So. 2d 603 (Fla. 2d DCA 1989). Accordingly and consistent with the above decisions, we reverse Scott's sentence and remand for resentencing within the guidelines presumptive range, which includes the one-cell increase for violation of probation. LEHAN, A.C…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- 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)