Rossignol v. State

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

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.

Footnotes

1

. Fla.R.Crim.P. 3.701d.l4.