Verdell v. State

District Court of Appeal of Florida

Verdell v. State

561 So. 2d 446, 1990 Fla. App. LEXIS 3486, 1990 WL 64120

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1990

DocketNo. 89-946

StatusPublished

This text of 561 So. 2d 446 (Verdell 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.

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Verdell v. State, 561 So. 2d 446, 1990 Fla. App. LEXIS 3486, 1990 WL 64120 (Fla. Ct. App. 1990).

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HARRIS, Judge.

John K. Verdell appeals his departure sentence for violation of probation and violation of community control. Appellant committed two new substantive offenses while on probation and community control. Although the court could have considered departure for the new substantive offenses, it elected to place appellant on probation for these new offenses but departed from the one cell bump authorized in violations cases. This was error and we reverse. See Franklin v. State, 545 So.2d 851 (Fla.1989).

REVERSED and REMANDED for re-sentencing.

PETERSON, J., concurs. W. SHARP, J., dissents with opinion.

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HARRIS, Judge.

John K. Verdell appeals his departure sentence for violation of probation and violation of community control. Appellant committed two new substantive offenses while on probation and community control. Although the court could have considered departure for the new substantive offenses, it elected to place appellant on probation for these new offenses but departed from the one cell bump authorized in violations cases. This was error and we reverse. See Franklin v. State, 545 So.2d 851 (Fla.1989).

REVERSED and REMANDED for re-sentencing.

PETERSON, J., concurs. W. SHARP, J., dissents with opinion.

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561 So. 2d 446, 1990 Fla. App. LEXIS 3486, 1990 WL 64120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verdell-v-state-fladistctapp-1990.

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