Phillips v. State
Phillips v. State
Opinion of the Court
The defendant was sentenced on a drug charge after violating probation. The reason given for imposing a departure sentence was that the defendant violated his probation by selling drugs. Upon a violation of probation, the sentencing court may sentence the defendant only within a one cell upward increase from the original guideline range (Florida Rule of Criminal
The departure sentence is vacated and the cause is remanded for resentencing.
SENTENCE VACATED; REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.