Mallory v. State
Mallory v. State
Opinion of the Court
REVERSED.
Appellant was on probation for a second degree robbery when he violated probation by committing another robbery. The guidelines scoresheet allowed a sentence of five to seven years on the original charge and, with a one cell increase for the violation of probation, a maximum sentence of nine years. The trial court imposed a 10 year sentence and must be reversed for exceeding the one cell upward increase permitted for violation of probation. Scott v. State, 549 So.2d 1385 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989). The state concedes this error and the sentence imposed for violation of probation is
REVERSED and REMANDED for RE-SENTENCING.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.