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Florida District Courts of Appeal, 1990

Duplantis v. State

Duplantis v. State
Florida District Courts of Appeal · Decided January 11, 1990 · Cowart, Dauksch, Goshorn
554 So. 2d 673; 1990 Fla. App. LEXIS 118; 1990 WL 1084 (Southern Reporter, Second Series)

Duplantis v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a departure sentence. Because the court departed from the recommended guideline sentence for the sole reason that the appellant was on probation and again violated the law, it was error to depart from the recommended guideline sentence. Lambert v. State, 545 So.2d 838 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989). The sentencing judge is limited to a one-cell bump-up.

SENTENCE VACATED; REVERSED.

DAUKSCH, COWART and GOSHORN, JJ., concur.

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

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