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Hardy v. State

586 So. 2d 1070, 1991 Fla. App. LEXIS 4598, 1991 WL 80916
CourtDistrict Court of Appeal of Florida
DecidedMay 17, 1991
DocketNo. 90-01191
StatusPublished

This text of 586 So. 2d 1070 (Hardy 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
Hardy v. State, 586 So. 2d 1070, 1991 Fla. App. LEXIS 4598, 1991 WL 80916 (Fla. Ct. App. 1991).

Opinion

PER CURIAM.

This cause is before us on appeal from a judgment and sentence for violation of probation. Appellant argues, and the State concedes, that the trial court erred in imposing a nine-cell upward departure sentence for violation of probation. Lambert v. State, 545 So.2d 838, 842 (Fla.1989); Sellers v. State, 563 So.2d 214, 215 (Fla. 1st DCA 1990); Teer v. State, 557 So.2d 910, [1071]*1071911 (Fla. 1st DCA 1990). We therefore reverse the departure sentence and remand for resentencing with a permissible one-cell increase for probation violation.

BOOTH, ZEHMER and WOLF, JJ., concur.

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Related

Teer v. State
557 So. 2d 910 (District Court of Appeal of Florida, 1990)
Lambert v. State
545 So. 2d 838 (Supreme Court of Florida, 1989)
Sellers v. State
563 So. 2d 214 (District Court of Appeal of Florida, 1990)

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Bluebook (online)
586 So. 2d 1070, 1991 Fla. App. LEXIS 4598, 1991 WL 80916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardy-v-state-fladistctapp-1991.