WILLIE PADGETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIE PADGETT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
554 So. 2d 674
Florida District Court of Appeal, Third District (1990)
Opinion of the Court
PER CURIAM.
The State correctly concedes that the trial court erred in departing from sentencing guidelines in sentencing defendant for a violation of probation when departure was based on a crime for which defendant was acquitted. Lambert v. State, 545 So. 2d 838 (Fla.1989); Bell v. State, 545 So. 2d 861 (Fla.1989); Tuthill v. State, 518 So. 2d 1300 (Fla. 3d DCA 1988). A one cell increase, as provided in the guidelines, is the only allowable departure, Hamilton v. State, 548 So. 2d 234 (Fla.1989); Mitchell v. State, 554 So. 2d 572 (Fla. 3d DCA 1989); Fla.R.Crim P. 3.701(d)(14), if departure is appropriate.
Sentence vacated; remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Bell v. State, 545 So. 2d 861 (Fla. 1989)
- Pentecost v. State, 545 So. 2d 861 (Fla. 1989)
- Hamilton v. State, 548 So. 2d 234 (Fla. 1989)
- Tuthill v. State, 518 So. 2d 1300 (Fla. 3d DCA 1987)
- Mitchell v. State, 554 So. 2d 572 (Fla. 3d DCA 1989)