Mallory v. State

554 So. 2d 635, 1989 Fla. App. LEXIS 7313, 1989 WL 155658

Opinion

PER CURIAM.

REVERSED.

Appellant was on probation for a second degree robbery when he violated probation by committing another robbery. The guidelines scoresheet allowed a sentence of five to seven years on the original charge and, with a one cell increase for the violation of probation, a maximum sentence of nine years. The trial court imposed a 10 year sentence and must be reversed for exceeding the one cell upward increase permitted for violation of probation. Scott v. State, 549 So.2d 1385 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); Franklin v. State, 545 So.2d 851 (Fla.1989). The state concedes this error and the sentence imposed for violation of probation is

REVERSED and REMANDED for RE-SENTENCING.

WALDEN, WARNER and POLEN, JJ., concur.