Rossignol v. State

District Court of Appeal of Florida

Rossignol v. State

566 So. 2d 374, 1990 Fla. App. LEXIS 6901, 1990 WL 130223

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 1990

DocketNo. 89-1846

StatusPublished

This text of 566 So. 2d 374 (Rossignol 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

Rossignol v. State, 566 So. 2d 374, 1990 Fla. App. LEXIS 6901, 1990 WL 130223 (Fla. Ct. App. 1990).

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Opinion

W. SHARP, Judge.

We quash the departure sentence imposed in this case (beyond the one cell bump-up authorized by the guidelines)¹ because the reasons given relate solely to factors concerning Rossignol’s violations of probation. See Ree v. State, 565 So.2d 1329 (Fla.1990); Franklin v. State, 545 So.2d 851 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); McGuire v. State, 555 So.2d 1327 (Fla. 5th DCA 1990); Wright v. State, 554 So.2d 554 (Fla. 5th DCA 1989); Thomas v. State, 552 So.2d 1195 (Fla. 5th DCA 1989).

Accordingly we remand for resentencing within the authorized one cell bump-up.

QUASH SENTENCE; REMAND.

COWART, J., and DANIEL, C.W., Judge, Retired, concur.

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W. SHARP, Judge.

We quash the departure sentence imposed in this case (beyond the one cell bump-up authorized by the guidelines)¹ because the reasons given relate solely to factors concerning Rossignol’s violations of probation. See Ree v. State, 565 So.2d 1329 (Fla.1990); Franklin v. State, 545 So.2d 851 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); McGuire v. State, 555 So.2d 1327 (Fla. 5th DCA 1990); Wright v. State, 554 So.2d 554 (Fla. 5th DCA 1989); Thomas v. State, 552 So.2d 1195 (Fla. 5th DCA 1989).

Accordingly we remand for resentencing within the authorized one cell bump-up.

QUASH SENTENCE; REMAND.

COWART, J., and DANIEL, C.W., Judge, Retired, concur.

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Bluebook (online)

566 So. 2d 374, 1990 Fla. App. LEXIS 6901, 1990 WL 130223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossignol-v-state-fladistctapp-1990.

Opinion

W. SHARP, Judge.

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