Davis v. State
566 So. 2d 369, 1990 Fla. App. LEXIS 6711, 1990 WL 127350
Procedural entryThis page is a short order in Davis v. State. Read the opinion of the Court — 528 So. 2d 521 →
Opinion
We agree with appellant that the trial court erred in imposing a multi-cell departure sentence upon revoking appellant’s community control. No written departure reasons were filed and the reason orally stated is an invalid reason for departure. On remand, the trial court may bump defendant’s sentence up to the next higher “permitted” range, a maximum of 4-½ years incarceration.
SENTENCE VACATED; REMANDED FOR RESENTENCING consistent with this opinion.
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Davis v. State, 566 So. 2d 369, 1990 Fla. App. LEXIS 6711, 1990 WL 127350 (Fla. Ct. App. 1990).
566 So. 2d 369 (Davis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.