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Florida District Courts of Appeal, 1989

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided November 30, 1989 · Cowart, Dauksch, Sharp
552 So. 2d 1195; 14 Fla. L. Weekly 2755; 1989 Fla. App. LEXIS 6698; 1989 WL 143449 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a guideline departure sentence. The reason given for the departure sentence was the same reason for which the probation was revoked. This is not in accord with Lambert v. State, 545 So.2d 838 (Fla. 1989). Therefore, the sentence is vacated and this case remanded for resentencing to a sentence in accord with the sentencing guidelines. A one-cell bump is the maximum permitted.

SENTENCE VACATED; REMANDED.

SHARP and COWART, JJ„ concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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