SHARON DIANE THICKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHIVERS, Chief Judge.
This is an appeal of a sentence departing upward from the guidelines. We vacate the sentence and remand.
Thicklin pled nolo contendere to sale of cocaine and violation of community control from a prior conviction for possession of cocaine and drug paraphernalia. Including the one cell bump for violating community control, the maximum sentence under the sentencing guidelines was 4½ years. The trial court departed upward from the guidelines and sentenced Thicklin to 1⅝ years in prison and 7½ years probation on the sale of cocaine charge and 5 years in prison for the prior conviction. The trial court gave at least one valid reason for departúre; but “any departure sentence for probation violation is impermissible if it exceeds the one cell increase permitted by the sentencing guidelines.” Teer v. State, 557 So. 2d 910, 911 (Fla. 1st DCA 1990) (emphasis in original); see also Sanders v. State, 560 So. 2d 298 (Fla. 1st DCA 1990). We vacate the sentence and remand for resentencing within the guidelines or with a one cell increase pursuant to Rule of Criminal Procedure 3.701(d)(14).
WIGGINTON and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thicklin v. State, 599 So. 2d 202 (Fla. 1st DCA 1992)…JOANOS, Chief Judge. This appeal is taken from the sanctions imposed after the original sentences were vacated, and remanded for resentencing. See Thicklin v. State, 578 So. 2d 375 (Fla. 1st DCA 1991) (Thicklin I). Appellant challenges the remand sentencing, contending that she has served the maximum guidelines sentence she could receive in connection with a 1989 case, and the addition of community control and probation to the…
Authorities Cited
- Teer v. State, 557 So. 2d 910 (Fla. 1st DCA 1990)
- Sanders v. State, 560 So. 2d 298 (Fla. 1st DCA 1990)