Avila v. State

District Court of Appeal of Florida

Avila v. State

578 So. 2d 899, 1991 Fla. App. LEXIS 4605, 1991 WL 82491

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 1991

DocketNo. 89-2437

StatusPublished

This text of 578 So. 2d 899 (Avila v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Avila v. State, 578 So. 2d 899, 1991 Fla. App. LEXIS 4605, 1991 WL 82491 (Fla. Ct. App. 1991).

Pincite

Opinion

ON CONFESSION OF ERROR

PER CURIAM.

Defendant Juan Avila appeals his sentences imposed on admissions of violation of community control. We reverse.

The State has conceded that the trial court impermissibly departed from the sentencing guidelines. See Ree v. State, 565 So.2d 1329, 1331 (Fla.1989). The trial court was not authorized to exceed the one-cell increase allowed by Florida Rule of Criminal Procedure 3.701(d)(14). Id.

We reverse and remand the case for re-sentencing within the limits permitted by the sentencing guidelines.

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