Korynes v. State

District Court of Appeal of Florida

Korynes v. State

613 So. 2d 116, 1993 Fla. App. LEXIS 643, 1993 WL 17738

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1993

DocketNo. 91-03069

StatusPublished

This text of 613 So. 2d 116 (Korynes 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.

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Korynes v. State, 613 So. 2d 116, 1993 Fla. App. LEXIS 643, 1993 WL 17738 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

After admitting that he had violated probation, appellant Robert Korynes was sentenced to twenty years in prison followed by five years probation. The sentence exceeds by several “cells” that recommended under sentencing guidelines. As justification for the departure sentence, the trial court cited appellant’s numerous prior violations of probation. Appellant now argues, and the state concedes, that this was improper. Williams v. State, 594 So.2d 273 (Fla.1992). Accordingly, we remand this case for resentencing.

We note that the trial court may “bump” the recommended sentence by one cell for each violation of probation (there appear to have been five). Bedford v. State, 598 So.2d 285 (Fla. 2d DCA1992). However, had the court done so in this case, the sentence still would have been less than that actually imposed.

Reversed.

RYDER, A.C.J., and DANAHY and THREADGILL, JJ., concur.

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PER CURIAM.

After admitting that he had violated probation, appellant Robert Korynes was sentenced to twenty years in prison followed by five years probation. The sentence exceeds by several “cells” that recommended under sentencing guidelines. As justification for the departure sentence, the trial court cited appellant’s numerous prior violations of probation. Appellant now argues, and the state concedes, that this was improper. Williams v. State, 594 So.2d 273 (Fla.1992). Accordingly, we remand this case for resentencing.

We note that the trial court may “bump” the recommended sentence by one cell for each violation of probation (there appear to have been five). Bedford v. State, 598 So.2d 285 (Fla. 2d DCA1992). However, had the court done so in this case, the sentence still would have been less than that actually imposed.

Reversed.

RYDER, A.C.J., and DANAHY and THREADGILL, JJ., concur.

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613 So. 2d 116, 1993 Fla. App. LEXIS 643, 1993 WL 17738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korynes-v-state-fladistctapp-1993.

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