EARL EUGENE THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1989-11-30
No. 88-2463
SHARP and COWART, JJ„ concur.
552 So. 2d 1195 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 6 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a guideline departure sentence. The reason given for the departure sentence was the same reason for which the probation was revoked. This is not in accord with Lambert v. State, 545 So. 2d 838 (Fla.1989). Therefore, the sentence is vacated and this case remanded for resentencing to a sentence in accord with the sentencing guidelines. A one-cell bump is the maximum permitted.

SENTENCE VACATED; REMANDED.

SHARP and COWART, JJ„ concur.

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  • Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990)
    …tion 27.3455. Accordingly, the imposition of costs and community control are quashed and the case remanded for the reimposition of costs under all three sections after adequate notice and an opportunity to be heard has been given. See Nash v. State, 552 So. 2d 1195 (Fla. 5th DCA 1989). Costs and community service QUASHED; REMANDED. GOSHORN, J., concurs. DAUKSCH, J., concurs in conclusion only.…
  • Edwards v. State, 554 So. 2d 674 (Fla. 5th DCA 1990)
    …DANIEL, Chief Judge. The defendant contends that court costs were imposed without notice or opportunity to object. We agree. See Shipley v. State, 528 So. 2d 902 (Fla.1988); Nash v. State, 552 So. 2d 1195 (Fla. 5th DCA 1989). Also, the court imposed a lien on the indigent defendant for the cost of his court-appointed counsel’s services, pursuant to section 27.56, Florida Statutes (1985). The only notice provided to the defendant that this lien migh…
  • Rossignol v. State, 566 So. 2d 374 (Fla. 5th DCA 1990)
    …tate, 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., and DANIEL, C.W., Judge, Retired, concur. . Fla.R.Crim.P. 3.701d.l4.…

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