WILLIE DAVID JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIE DAVID JONES, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
566 So. 2d 515
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 1 case
Topics
Revocation Of Community Control
Written Reasons For Departure
Departure Sentence
Probation Revocation
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Opinion of the Court
PER CURIAM.
CONFESSION OF ERROR
The state properly concedes that the defendant was illegally sentenced beyond the' one cell increase permitted by the sentencing guidelines and that no written reasons were given to support the departure. See State v. Tuthill, 545 So. 2d 850 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989). Rule 3.701(d)(14), Florida Rules of Criminal Procedure provides:
Sentences imposed after revocation of probation or community control must be in accordance with the guidelines. The sentence imposed after revocation of probation or community control may be included within the original cell (guidelines range) or may be increased to the next higher cell (guidelines range) without requiring a reason for departure.
Fla.R.Crim.P. 3.701(d)(14).
Therefore, the sentence is hereby vacated and the case is remanded to the trial court for resentencing in accordance with Rule 3.701(d)(14).
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Citator
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Casey-Goldsmith v. Goldsmith, 735 So. 2d 610 (Fla. 5th DCA 1999)…s judicata. We answer by aligning ourselves with the rulings in the other district courts which hold that a denial of a petition for writ of certiorari is not a ruling on the merits and does not establish law of the case. See Degrasse v. Wertheim, 566 So. 2d 515, 515 (Fla. 3d DCA 1990); Johnson v. Florida Farm Bureau Cas. Ins. Co., 542 So. 2d 367, 369 (Fla. 4th DCA 1988); Bevan v. Wanicka, 505 So. 2d 1116, 1117 (Fla. 2d DCA 1987); Don Mott Agency, Inc., v. Hamson, 362 So. 2d 56, 58 (Fla. 2d DCA 1978). Of co…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- State v. Tuthill, 545 So. 2d 850 (Fla. 1989)