Snelling v. State

District Court of Appeal of Florida

Snelling v. State

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

District Court of Appeal of Florida·Decided January 11, 1990·No. No. 89-37·Published

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.

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

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Opinion

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