TIMOTHY HENRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY HENRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
580 So. 2d 349
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s finding that appellant violated his probation. However, we reverse and remand for resentencing as the sentences imposed on Counts I and X exceed the permitted “one cell bump up.” Lambert v. State, 545 So. 2d 838 (Fla.1989). As conceded by the State, upon remand the written sentences as to Counts VI and XIII shall be corrected to reflect that concurrent fifteen year jail sentences were imposed without any period of probation.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED FOR RESEN-TENCING.
ANSTEAD, POLEN and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Harmon v. State, 599 So. 2d 754 (Fla. 4th DCA 1992)…th DCA 1990). While defense counsel did argue below that appellant’s sentence “may very well be illegal” because a prison term should not be followed by community control, he failed to cite any ease law supporting his position. In Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991), the trial judge did not give any written reasons for departure because he did not realize that imposing community control in addition to jail time would result in a departure sentence. Because the trial judge did not realize tha…
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Gladfelter v. State, 604 So. 2d 929 (Fla. 4th DCA 1992)…ntence, is permissible. Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992), approved in part, corrected on other grounds Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992); In the Interest of B.M., 580 So. 2d 896 (Fla. 4th DCA 1991); Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991). We affirm as to this point, and to the extent we are in conflict with State v. Martin, 577 So. 2d 689 (Fla. 1st DCA), rev. denied, State v. Martin, 587 So. 2d 1329 (Fla.1991), we note such conflict. Appellant’s second point is…
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Lemont v. State, 620 So. 2d 250 (Fla. 4th DCA 1993)…s that the trial court either strike the community control provisions of that sentence, or enter an order setting forth legally justifiable reasons for deviating from the guidelines. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990); Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991). ANSTEAD, DELL and KLEIN, JJ., concur.…
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- Lambert v. State, 545 So. 2d 838 (Fla. 1989)