WAYNE MARION HARDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WAYNE MARION HARDY, APPELLANT,
STATE OF FLORIDA, APPELLEE
586 So. 2d 1070
Florida District Court of Appeal, First District (1991)
Opinion of the Court
PER CURIAM.
This cause is before us on appeal from a judgment and sentence for violation of probation. Appellant argues, and the State concedes, that the trial court erred in imposing a nine-cell upward departure sentence for violation of probation. Lambert v. State, 545 So. 2d 838, 842 (Fla.1989); Sellers v. State, 563 So. 2d 214, 215 (Fla. 1st DCA 1990); Teer v. State, 557 So. 2d 910, 911 (Fla. 1st DCA 1990). We therefore reverse the departure sentence and remand for resentencing with a permissible one-cell increase for probation violation.
BOOTH, ZEHMER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Teer v. State, 557 So. 2d 910 (Fla. 1st DCA 1990)
- Hernandez v. State, 563 So. 2d 214 (Fla. 1st DCA 1990)