Woods v. State

566 So. 2d 952, 1990 Fla. App. LEXIS 7317, 1990 WL 139634

Opinion

GOSHORN, Judge.

The sole issue on appeal is the propriety of the guidelines departure sentence imposed after the defendant admitted violating his probation in Case No. 87-2582. The indicated guidelines sentence was 2½ to 3½ years’ imprisonment in the Department of Corrections. The court imposed a sentence of 15 years’ imprisonment, which represented a seven-cell increase from the recommended sentence. Because we now know that the trial court is limited to a one-cell “bump” when imposing a sentence after a violation of probation, we affirm the conviction but vacate the sentence and remand for resentencing. Lambert v. State, 545 So.2d 838 (Fla.1989).

JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED.

SHARP and PETERSON, JJ., concur.