Rushing v. State
561 So. 2d 36, 1990 Fla. App. LEXIS 3721, 1990 WL 68668
Opinion
This is an appeal of a guidelines departure sentence in a probation violation case. The sentence imposed exceeded the one-bracket bump-up permitted in probation violation cases.
The case law in Florida has now established that a trial court cannot exceed a one-cell “bump-up” upon revocation of probation. Franklin v. State, 545 So.2d 851 (Fla.1989); State v. Tuthill, 545 So.2d 850 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989).
SENTENCE VACATED; REMANDED for resentencing.
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Rushing v. State, 561 So. 2d 36, 1990 Fla. App. LEXIS 3721, 1990 WL 68668 (Fla. Ct. App. 1990).
561 So. 2d 36 (Rushing v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Maddox v. State
553 So. 2d 1380 (District Court of Appeal of Florida, 1989)
Franklin v. State
545 So. 2d 851 (Supreme Court of Florida, 1989)
State v. Tuthill
545 So. 2d 850 (Supreme Court of Florida, 1989)
Lambert v. State
545 So. 2d 838 (Supreme Court of Florida, 1989)