RICKY WIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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W. SHARP, Judge.
We affirm Wiggins' adjudication of guilt for attempted armed robbery.1 How ever, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So. 2d 851 (Fla.1989), and Lambert v. State, 545 So. 2d 838 (Fla.1989).
The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988), 522 So. 2d 374 (Fla.1988). However, the amendment took effect after the offenses in this case were committed. Thus, we remand for resentencing within the one-cell bump-up permitted range.
AFFIRMED in part; sentences QUASHED; REMANDED.
HARRIS and PETERSON, JJ., concur. . §§ 812.13(1), 777.04(1), Fla.Stat. (1987).
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Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990)…1990); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Wright v. State, 554 So. 2d 554 (Fla. 5th DCA 1989); and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). . Pope v. State, 561 So. 2d 554 (Fla.1990). . See note 1 and Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990); Roberson v. State, 555 So. 2d 976 (Fla. 1st DCA 1990); McCaskell v. State, 542 So. 2d 461 (Fla. 5th DCA 1989). . See Randolph v. State, 556 So. 2d 808 (Fla. 5th DCA 1990) considering the effect of this in the context of credit…
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Furlow v. State, 579 So. 2d 910 (Fla. 1991)…offenses which occurred in 1986 prior to the amendment authorizing a permitted range which became effective July 1, 1988.1 Lape v. State, 569 So. 2d 529 (Fla. 5th DCA 1990); Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990); Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990). When the defendant is resentenced on remand he will be entitled to full credit against his sentence for proper gain time earned. State v. Green, 547 So. 2d 925 (Fla.1989); Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991); H…
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Lape v. State, 569 So. 2d 529 (Fla. 5th DCA 1990)…therefore the 372 year sentence based on the permitted range was improper. See Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990) (permitted range cannot be applied to an offense occurring before effective date of amendment); Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990). Because all convictions pending before the court should be considered together when applying the sentencing guidelines, the sentence and both probationary terms are reversed and the case remanded to the trial court for resenten…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Cauthen v. State, 522 So. 2d 374 (Fla. 1988)