Rushing v. State

District Court of Appeal of Florida

Rushing v. State

561 So. 2d 36, 1990 Fla. App. LEXIS 3721, 1990 WL 68668

CourtDistrict Court of Appeal of Florida

DecidedMay 24, 1990

DocketNo. 89-840

StatusPublished

This text of 561 So. 2d 36 (Rushing 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

Rushing v. State, 561 So. 2d 36, 1990 Fla. App. LEXIS 3721, 1990 WL 68668 (Fla. Ct. App. 1990).

Pincite

Opinion

GRIFFIN, Judge.

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.

DANIEL, C.J., and DAUKSCH, J., concur.

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