JIMMY R. MCCULLERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JIMMY R. MCCULLERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
627 So. 2d 607
Florida District Court of Appeal, Fifth District (1993)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This is an appeal from a sentence. Because a permitted one-cell bump-up would be four and one-half years, the court erred in giving appellant five years. Turner v. State, 611 So. 2d 1363 (Fla. 5th DCA 1993). The sentence is vacated and this cause remanded for resentencing.
REVERSED and REMANDED.
DAUKSCH, COBB and DIAMANTIS, JJ., concur.
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Citator
Cited By
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N.H. v. State, 646 So. 2d 195 (Fla. 1994)…PER CURIAM. We have for review N.H. v. State, 627 So. 2d 607 (Fla. 5th DCA 1993), which expressly relied upon a case pending review in this Court. B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993), approved in part, 645 So. 2d 987 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; see Jollie v.…
Authorities Cited
- Turner v. State, 611 So. 2d 1363 (Fla. 5th DCA 1993)