Wiggins v. State

District Court of Appeal of Florida

Wiggins v. State

559 So. 2d 262, 1990 Fla. App. LEXIS 1825, 1990 WL 31534

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1990

DocketNo. 89-841

StatusPublished

Cited by4 cases

This text of 559 So. 2d 262 (Wiggins 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

Wiggins v. State, 559 So. 2d 262, 1990 Fla. App. LEXIS 1825, 1990 WL 31534 (Fla. Ct. App. 1990).

Pincite

Opinion

W. SHARP, Judge.

We affirm Wiggins' adjudication of guilt for attempted armed robbery.¹ How[263]*263ever, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So.2d 851 (Fla.1989), and Lambert v. State, 545 So.2d 838 (Fla.1989).

The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988), 522 So.2d 374 (Fla.1988). However, the amendment took effect after the offenses in this case were committed. Thus, we remand for resentencing within the one-cell bump-up permitted range.

AFFIRMED in part; sentences QUASHED; REMANDED.

HARRIS and PETERSON, JJ., concur.

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

W. SHARP, Judge.

We affirm Wiggins' adjudication of guilt for attempted armed robbery.¹ How[263]*263ever, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So.2d 851 (Fla.1989), and Lambert v. State, 545 So.2d 838 (Fla.1989).

The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988), 522 So.2d 374 (Fla.1988). However, the amendment took effect after the offenses in this case were committed. Thus, we remand for resentencing within the one-cell bump-up permitted range.

AFFIRMED in part; sentences QUASHED; REMANDED.

HARRIS and PETERSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

559 So. 2d 262, 1990 Fla. App. LEXIS 1825, 1990 WL 31534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-state-fladistctapp-1990.

Opinion

W. SHARP, Judge.

Related

Cite This Page — Counsel Stack