IN THE INTEREST OF: J.D.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed convictions for grand theft and possession of cocaine following guilty pleas but remanded for resentencing, finding that a six-cell enhancement based on probation violations was an unlawful departure from sentencing guidelines.
The court held that a sentence departure based on an excessive number of probation violations is unlawful, and a six-cell enhancement was an unlawful departure, requiring remand for sentencing within the guidelines.
Thomas Friedly pleaded guilty to grand theft and possession of cocaine and received consecutive five-year sentences. The trial court departed from sen…
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PER CURIAM.
This is an appeal by a juvenile of a delinquency adjudication based on a delinquency petition charging the juvenile with escape. We have previously decided the exact issue raised in this appeal in R.A.H. v. State, 614 So. 2d 1189 (Fla. 1st DCA 1993). Accordingly, we reverse appellant’s adjudication of delinquency and remand the matter to the lower tribunal with directions that the charge of escape be dismissed.
SMITH, ZEHMER and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- R.A.H. v. State, 614 So. 2d 1189 (Fla. 1st DCA 1993)
- Miller Indus., Inc. v. West, 614 So. 2d 1189 (Fla. 4th DCA 1993)