Padgett v. State
Padgett v. State
554 So. 2d 674; 1990 Fla. App. LEXIS 142; 1990 WL 2073
(Southern Reporter, Second Series)
Padgett v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.