Florida District Courts of Appeal, 1990

Padgett v. State

Padgett v. State
Florida District Courts of Appeal · Decided January 16, 1990 · Baskin, Gersten, Levy
554 So. 2d 674; 1990 Fla. App. LEXIS 142; 1990 WL 2073 (Southern Reporter, Second Series)

Padgett v. State

Opinion of the Court

PER CURIAM.

The State correctly concedes that the trial court erred in departing from sentencing guidelines in sentencing defendant for a violation of probation when departure was based on a crime for which defendant was acquitted. Lambert v. State, 545 So.2d 838 (Fla. 1989); Bell v. State, 545 So.2d 861 (Fla. 1989); Tuthill v. State, 518 So.2d 1300 (Fla. 3d DCA 1988). A one cell increase, as provided in the guidelines, is the only allowable departure, Hamilton v. State, 548 So.2d 234 (Fla. 1989); Mitchell v. State, 554 So.2d 572 (Fla. 3d DCA 1989); Fla.R.Crim P. 3.701(d)(14), if departure is appropriate.

Sentence vacated; remanded for resen-tencing.

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