Snelling v. State

District Court of Appeal of Florida

Snelling v. State

554 So. 2d 673, 1990 Fla. App. LEXIS 89, 1990 WL 1082

CourtDistrict Court of Appeal of Florida

DecidedJanuary 11, 1990

DocketNo. 89-37

StatusPublished

This text of 554 So. 2d 673 (Snelling 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

Snelling v. State, 554 So. 2d 673, 1990 Fla. App. LEXIS 89, 1990 WL 1082 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The departure sentence imposed, based on factors relating to the violation of probation, is vacated on the authority of Franklin v. State, 545 So.2d 851 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); see also, Dewberry v. State, 546 So.2d 409 (Fla.1989); Phillips v. State, 550 So.2d 1189 (Fla. 5th DCA 1989); and Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989). The cause is remanded for resen-tencing within the recommended guidelines range. See Shull v. Dugger, 515 So.2d 748 (Fla.1987); see also Branton, supra. The trial court may (but need not) bump up one cell. Franklin v. State, supra; Fla.R.Crim.P. 3.701(d)14.

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH, SHARP and COWART, JJ., concur.

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PER CURIAM.

The departure sentence imposed, based on factors relating to the violation of probation, is vacated on the authority of Franklin v. State, 545 So.2d 851 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); see also, Dewberry v. State, 546 So.2d 409 (Fla.1989); Phillips v. State, 550 So.2d 1189 (Fla. 5th DCA 1989); and Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989). The cause is remanded for resen-tencing within the recommended guidelines range. See Shull v. Dugger, 515 So.2d 748 (Fla.1987); see also Branton, supra. The trial court may (but need not) bump up one cell. Franklin v. State, supra; Fla.R.Crim.P. 3.701(d)14.

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH, SHARP and COWART, JJ., concur.

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554 So. 2d 673, 1990 Fla. App. LEXIS 89, 1990 WL 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snelling-v-state-fladistctapp-1990.

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