Florida District Courts of Appeal, 1989

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)

Cases that cite this one

1 later published case cites this decision.

Rossignol v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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 The reason given for the departure sentence was the same reason for which the probation was revoked.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.

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