Mallory v. State
This text of 554 So. 2d 635 (Mallory 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.
Opinion
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.
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Cite This Page — Counsel Stack
554 So. 2d 635, 1989 Fla. App. LEXIS 7313, 1989 WL 155658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-v-state-fladistctapp-1989.