Webber v. State

District Court of Appeal of Florida

Webber v. State

591 So. 2d 263, 1991 Fla. App. LEXIS 10247, 1991 WL 200063

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 1991

DocketNo. 90-3153

StatusPublished

This text of 591 So. 2d 263 (Webber 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

Webber v. State, 591 So. 2d 263, 1991 Fla. App. LEXIS 10247, 1991 WL 200063 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

We reverse and remand for resentencing. The state concedes that appellant’s original scoresheet was incorrectly calculated. As a result, the trial judge departed from the guidelines when he gave a “bump up” sentence for appellant’s violation of probation.

On remand, because the trial judge did not realize that the sentence constituted a departure, he can choose to depart if substantiated by a written reason. See State v. Vanhorn, 561 So.2d 584 (Fla.1990). At resentencing, appellant should receive an additional credit of fifteen days for the time he spent in jail pending the violation of probation hearing.

REVERSED AND REMANDED FOR RESENTENCING.

HERSEY, GUNTHER and GARRETT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI