DALE L. MALLORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DALE L. MALLORY, APPELLANT,
STATE OF FLORIDA, APPELLEE
554 So. 2d 635
Florida District Court of Appeal, Fourth District (1989)
Opinion of the Court
PER CURIAM.
REVERSED.
Appellant was on probation for a second degree robbery when he violated probation by committing another robbery. The guidelines scoresheet allowed a sentence of five to seven years on the original charge and, with a one cell increase for the violation of probation, a maximum sentence of nine years. The trial court imposed a 10 year sentence and must be reversed for exceeding the one cell upward increase permitted for violation of probation. Scott v. State, 549 So. 2d 1385 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989). The state concedes this error and the sentence imposed for violation of probation is
REVERSED and REMANDED for RE-SENTENCING.
WALDEN, WARNER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Scott v. State, 549 So. 2d 1385 (Fla. 1989)