Bolden v. State

District Court of Appeal of Florida

Bolden v. State

619 So. 2d 1049, 1993 Fla. App. LEXIS 6512, 1993 WL 210575

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1993

DocketNo. 92-00202

StatusPublished

This text of 619 So. 2d 1049 (Bolden 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

Bolden v. State, 619 So. 2d 1049, 1993 Fla. App. LEXIS 6512, 1993 WL 210575 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

The appellant claims that his sentence of twenty-one years’ incarceration was an improper upward departure because it was based on an invalid departure reason. The reason given by the trial court was that the appellant, while on probation, obstructed an officer with violence and the altercation resulted in the police officer’s thumb being broken. The appellant was found in violation of probation based in part on that incident.

The appellant correctly argues that factors related to violation of probation or community control cannot be used as grounds for a departure sentence. Lambert v. State, 545 So.2d 838 (Fla.1989). Accordingly, we reverse and remand for re-sentencing within the sentencing guidelines.

Reversed and remanded for resentenc-ing.

DANAHY, Acting C.J., and LEHAN and PATTERSON, JJ., concur.

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