Avila v. State

District Court of Appeal of Florida

Avila v. State

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

Procedural entryThis page is a short order in Avila v. State. Read the opinion of the Court — 545 So. 2d 450 →

District Court of Appeal of Florida·Decided May 7, 1991·No. No. 89-2437·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

578 So. 2d 899 (Avila v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related