Thicklin v. State

District Court of Appeal of Florida

Thicklin v. State

578 So. 2d 375, 1991 Fla. App. LEXIS 3802, 1991 WL 54135

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 1991

DocketNo. 90-1045

StatusPublished

Cited by1 cases

This text of 578 So. 2d 375 (Thicklin 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

Thicklin v. State, 578 So. 2d 375, 1991 Fla. App. LEXIS 3802, 1991 WL 54135 (Fla. Ct. App. 1991).

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Opinion

SHIVERS, Chief Judge.

This is an appeal of a sentence departing upward from the guidelines. We vacate the sentence and remand.

Thicklin pled nolo contendere to sale of cocaine and violation of community control from a prior conviction for possession of cocaine and drug paraphernalia. Including the one cell bump for violating community control, the maximum sentence under the sentencing guidelines was 4½ years. The trial court departed upward from the guidelines and sentenced Thicklin to 1⅝ years in prison and 7½ years probation on the sale of cocaine charge and 5 years in prison for the prior conviction. The trial court gave at least one valid reason for departúre; but “any departure sentence for probation violation is impermissible if it exceeds the one cell increase permitted by the sentencing guidelines.” Teer v. State, 557 So.2d 910, 911 (Fla. 1st DCA 1990) (emphasis in original); see also Sanders v. State, 560 So.2d 298 (Fla. 1st DCA 1990). [376]*376We vacate the sentence and remand for resentencing within the guidelines or with a one cell increase pursuant to Rule of Criminal Procedure 3.701(d)(14).

WIGGINTON and MINER, JJ., concur.

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SHIVERS, Chief Judge.

This is an appeal of a sentence departing upward from the guidelines. We vacate the sentence and remand.

Thicklin pled nolo contendere to sale of cocaine and violation of community control from a prior conviction for possession of cocaine and drug paraphernalia. Including the one cell bump for violating community control, the maximum sentence under the sentencing guidelines was 4½ years. The trial court departed upward from the guidelines and sentenced Thicklin to 1⅝ years in prison and 7½ years probation on the sale of cocaine charge and 5 years in prison for the prior conviction. The trial court gave at least one valid reason for departúre; but “any departure sentence for probation violation is impermissible if it exceeds the one cell increase permitted by the sentencing guidelines.” Teer v. State, 557 So.2d 910, 911 (Fla. 1st DCA 1990) (emphasis in original); see also Sanders v. State, 560 So.2d 298 (Fla. 1st DCA 1990). [376]*376We vacate the sentence and remand for resentencing within the guidelines or with a one cell increase pursuant to Rule of Criminal Procedure 3.701(d)(14).

WIGGINTON and MINER, JJ., concur.

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Bluebook (online)

578 So. 2d 375, 1991 Fla. App. LEXIS 3802, 1991 WL 54135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thicklin-v-state-fladistctapp-1991.

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