WALLACE MIRRAL TAYLOR, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We review Taylor v. State, 586 So. 2d 503 (Fla. 2d DCA 1991), in which the district court certified the same question of great public importance as we answered in Williams v. State, 594 So. 2d 273 (Fla. 1992).1
In Williams, we held that in the case of multiple violations of probation, sentences may be bumped one cell or guideline range for each violation, but that the court may not depart from the guidelines. Because the trial court in this case departed from the guidelines solely based on Taylor’s multiple violations of probation and community control, we quash the opinion below and remand for resentencing in accordance with Williams.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
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Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)…Sheffield v. State, 585 So. 2d 396 (Fla. 1st DCA 1991), approved, 595 So. 2d 37 (Fla.1992); Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Newton; Tucker v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), approved, 595 So. 2d 956 (Fla.1992); Westbrook v. State, 574 So. 2d 1187 (Fla. 3d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990) and Young v. State, 600 So. 2d 24 (Fla. 3d DCA 1992). The application of the habitual offend…
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Johnson v. State, 9 So. 3d 640 (Fla. 4th DCA 2009)…that the case should be remanded for reconsideration of the sentence in light of Burdick v. State, 594 So. 2d 267 (Fla.1992), because the trial court acted with the erroneous understanding that the life sentence was mandatory.3 See Tucker v. State, 595 So. 2d 956 (Fla.1992) (remanding for reconsideration in light of Burdick because the record did not indicate whether the trial court believed that it could decline to impose a life sentence); Crumitie v. State, 605 So. 2d 543 (Fla. 1st DCA 1992) (recognizing t…
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Wardell Farris Brown v. State, 613 So. 2d 558 (Fla. 2d DCA 1993)…y 20, 1992). We, therefore, reverse and remand appellant’s habitual offender sentence because we do not know whether the trial judge would have imposed a more lenient sentence. See Davis v. State, 599 So. 2d 239 (Fla. 2d DCA 1992); Tucker v. State, 595 So. 2d 956 (Fla.1992). Appellant argues next that the court failed to make the required findings that appellant had not been pardoned or that one of his prior convictions had been set aside on postconviction proceedings. Our review of the record reveals, howe…
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- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- Ratliff v. State, 586 So. 2d 503 (Fla. 2d DCA 1991)
- Taylor v. State, 586 So. 2d 503 (Fla. 2d DCA 1991)