Padgett v. State

District Court of Appeal of Florida

Padgett v. State

554 So. 2d 674, 1990 Fla. App. LEXIS 142, 1990 WL 2073

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 1990

DocketNo. 86-2092

StatusPublished

This text of 554 So. 2d 674 (Padgett 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

Padgett v. State, 554 So. 2d 674, 1990 Fla. App. LEXIS 142, 1990 WL 2073 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

The State correctly concedes that the trial court erred in departing from sentencing guidelines in sentencing defendant for a violation of probation when departure was based on a crime for which defendant was acquitted. Lambert v. State, 545 So.2d 838 (Fla.1989); Bell v. State, 545 So.2d 861 (Fla.1989); Tuthill v. State, 518 So.2d 1300 (Fla. 3d DCA 1988). A one cell increase, as provided in the guidelines, is the only allowable departure, Hamilton v. State, 548 So.2d 234 (Fla.1989); Mitchell v. State, 554 So.2d 572 (Fla. 3d DCA 1989); Fla.R.Crim P. 3.701(d)(14), if departure is appropriate.

Sentence vacated; remanded for resen-tencing.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The State correctly concedes that the trial court erred in departing from sentencing guidelines in sentencing defendant for a violation of probation when departure was based on a crime for which defendant was acquitted. Lambert v. State, 545 So.2d 838 (Fla.1989); Bell v. State, 545 So.2d 861 (Fla.1989); Tuthill v. State, 518 So.2d 1300 (Fla. 3d DCA 1988). A one cell increase, as provided in the guidelines, is the only allowable departure, Hamilton v. State, 548 So.2d 234 (Fla.1989); Mitchell v. State, 554 So.2d 572 (Fla. 3d DCA 1989); Fla.R.Crim P. 3.701(d)(14), if departure is appropriate.

Sentence vacated; remanded for resen-tencing.

Cite This Page — Counsel Stack

Bluebook (online)

554 So. 2d 674, 1990 Fla. App. LEXIS 142, 1990 WL 2073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padgett-v-state-fladistctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack