Knight v. State
Knight v. State
Opinion of the Court
Paul A. Knight appeals his departure sentence entered after violation of community control. We find that the egregious conduct of the defendant while on community control is not a valid reason for departure, and therefore reverse.
The appellant pled guilty to charges of burglary and grand theft auto and was placed on community control. An affidavit alleging that he had violated community
In Lambert v. State, 545 So.2d 838 (Fla. 1989), the supreme court held that factors relating to the violation of probation or community control cannot be used to support departure beyond the discretionary one-cell increase permitted by Florida Rule of Criminal Procedure 3.701(d)(14). See also Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989). We therefore reverse and remand for resentencing.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.