Benner v. State

District Court of Appeal of Florida

Benner v. State

598 So. 2d 286, 1992 Fla. App. LEXIS 5258, 1992 WL 101492

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1992

DocketNo. 91-01381

StatusPublished

This text of 598 So. 2d 286 (Benner 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.

Bluebook

Benner v. State, 598 So. 2d 286, 1992 Fla. App. LEXIS 5258, 1992 WL 101492 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The appellant appeals her sentence of forty-five years imprisonment imposed as the result of revocation of her probation. The original guidelines scoresheet placed the appellant in the twelve to thirty months in prison or community control cell.

On revocation of probation, the trial court in sentencing the appellant departed upward more than one cell based on the appellant’s having had multiple violations of probation. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 284 (Fla.1992). Williams also held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case is set aside and the cause remanded for resentencing consistent with Williams. See also O’Keefe v. State, 595 So.2d 291 (Fla. 5th DCA 1992).

RYDER, A.C.J., and LEHAN and BLUE, JJ., concur.

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PER CURIAM.

The appellant appeals her sentence of forty-five years imprisonment imposed as the result of revocation of her probation. The original guidelines scoresheet placed the appellant in the twelve to thirty months in prison or community control cell.

On revocation of probation, the trial court in sentencing the appellant departed upward more than one cell based on the appellant’s having had multiple violations of probation. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 284 (Fla.1992). Williams also held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case is set aside and the cause remanded for resentencing consistent with Williams. See also O’Keefe v. State, 595 So.2d 291 (Fla. 5th DCA 1992).

RYDER, A.C.J., and LEHAN and BLUE, JJ., concur.

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598 So. 2d 286, 1992 Fla. App. LEXIS 5258, 1992 WL 101492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benner-v-state-fladistctapp-1992.

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