Jefferson v. State

595 So. 2d 585, 1992 Fla. App. LEXIS 3308, 1992 WL 57903
Procedural entryThis page is a short order in Jefferson v. State. Read the opinion of the Court — 571 So. 2d 70
District Court of Appeal of Florida·Decided March 25, 1992·No. No. 91-02068·Published

Opinion

PER CURIAM.

Thomas Jefferson appeals the summary denial of his motion to correct his illegal sentence. Upon revocation of the appellant’s probation, the trial court sentenced him to four and one-half years in prison for shooting at or into a building. The upper limit of the permitted range of the next higher cell was three and one-half years’ incarceration. Because the court sentenced the appellant beyond the permitted range of the next higher cell, we remand [586]*586for resentencing in accordance with the guidelines.

Reversed and remanded.

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

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Jefferson v. State, 595 So. 2d 585, 1992 Fla. App. LEXIS 3308, 1992 WL 57903 (Fla. Ct. App. 1992).

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