Britton v. State

District Court of Appeal of Florida

Britton v. State

595 So. 2d 583, 1992 Fla. App. LEXIS 3307, 1992 WL 57871

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1992

DocketNo. 91-00107

StatusPublished

Cited by1 cases

This text of 595 So. 2d 583 (Britton 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

Britton v. State, 595 So. 2d 583, 1992 Fla. App. LEXIS 3307, 1992 WL 57871 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

On a revocation of probation the trial judge in sentencing appellant departed upward more than one cell based on appellant having had multiple violations of probation in this case. Subsequently, the Florida Supreme Court has held that multiple violations of probation is not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 273 (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.

Reversed in part.

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.

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

PER CURIAM.

On a revocation of probation the trial judge in sentencing appellant departed upward more than one cell based on appellant having had multiple violations of probation in this case. Subsequently, the Florida Supreme Court has held that multiple violations of probation is not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 273 (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.

Reversed in part.

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

595 So. 2d 583, 1992 Fla. App. LEXIS 3307, 1992 WL 57871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/britton-v-state-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack