Padgett v. State

District Court of Appeal of Florida

Padgett v. State

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

Procedural entryThis page is a short order in Padgett v. State. Read the opinion of the Court — 551 So. 2d 1259 →

District Court of Appeal of Florida·Decided January 16, 1990·No. No. 86-2092·Published

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.

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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.

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

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Opinion

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