JAMES MICHAEL WILLIAMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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[*285] PER CURIAM.
Pursuant to our jurisdiction under article V, section 3(b)(4), Florida Constitution, we review Williams v. State, 573 So. 2d 363, 363 (Fla.2d DCA 1990), in which the district court certified the following to be 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 PROVIDED IN THE SENTENCING GUIDELINES?
In our recent opinion in Williams v. State, 594 So. 2d 273 (Fla.1992), we held that in the case of multiple violations of probation, sentences may only be bumped one cell or guideline range for each violation. Therefore, as phrased, we answer the certified question in the negative. We quash the decision below to the extent that it conflicts with Williams and remand the case for disposition according to the rationale of that opinion.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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James v. State, 597 So. 2d 969 (Fla. 2d DCA 1992)…han one cell based on the appellant’s having had multiple violations of probation in this case. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So. 2d 284 (Fla.1992). Williams also held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case is set aside and the cause remanded…
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Bedford v. State, 598 So. 2d 285 (Fla. 2d DCA 1992)…upward more than one cell based on the appellant’s having had multiple violations of probation. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So. 2d 284 (Fla.1992). Williams also held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case is set aside and the cause remanded…
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Benner v. State, 598 So. 2d 286 (Fla. 2d DCA 1992)…upward more than one cell based on the appellant’s having had multiple violations of probation. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So. 2d 284 (Fla.1992). Williams also held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case is set aside and the cause remanded…
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- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- Williams v. State, 573 So. 2d 363 (Fla. 2d DCA 1990)
- State v. The Honorable Alban Brooke of the Cir. Court of the Fourth Jud. Cir. In & For Duval Cnty., 573 So. 2d 363 (Fla. 1st DCA 1991)