LEOLA A. KNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEOLA A. KNIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
579 So. 2d 916
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant seeks review of a sentence imposed upon a finding that appellant had violated certain conditions of her probation. Appellee concedes that the sentence exceeded the one-cell guidelines increase authorized by Maxwell v. State, 576 So. 2d 367 (Fla. 1st DCA 1991) and Sanders v. State, 560 So. 2d 298 (Fla. 1st DCA 1990). Accordingly, we vacate the departure sentence imposed by the trial court, and remand for resentencing within the guidelines range one-cell increase. As in Maxwell, we certify direct conflict with Williams v. State, 568 So. 2d 1276 (Fla. 2d DCA 1990) and Brown v. State, 559 So. 2d 412 (Fla. 2d DCA 1990).
SMITH, NIMMONS and MINER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maguire v. State, 586 So. 2d 1268 (Fla. 2d DCA 1991)…ears probation. He maintains that a second violation of probation does not constitute a valid basis for departure beyond the one-cell bump allowed under the guidelines. This court has certified this question to the Supreme Court. See Moten v. State, 579 So. 2d 916 (Fla. 2d DCA 1991). As in Moten, we affirm the judgment and sentence, including the departure, and certify to the Florida Supreme Court the following question of great public importance: DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASI…
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Moten v. State, 594 So. 2d 289 (Fla. 1992)…PER CURIAM. We review Moten v. State, 579 So. 2d 916 (Fla. 2d DCA 1991), in which the district court of appeal certified the following as a question of great public importance: DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVID…
Authorities Cited
- Lucious Williams v. State, 568 So. 2d 1276 (Fla. 2d DCA 1990)
- Brown v. State, 559 So. 2d 412 (Fla. 2d DCA 1990)
- Sanders v. State, 560 So. 2d 298 (Fla. 1st DCA 1990)
- Levitan v. State, 576 So. 2d 367 (Fla. 4th DCA 1991)
- Maxwell v. State, 576 So. 2d 367 (Fla. 1st DCA 1991)