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Florida District Courts of Appeal, 1990

Gagger v. State

Gagger v. State
Florida District Courts of Appeal · Decided April 5, 1990 · Cobb, Dauksch, Peterson
558 So. 2d 1101; 1990 Fla. App. LEXIS 2250; 1990 WL 37493 (Southern Reporter, Second Series)

Gagger v. State

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant alleges and appellee concedes that the sentencing judge erred by exceeding the one-cell bump-up permitted for violation of probation. Hamilton v. State, 548 So.2d 234 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989).

SENTENCE VACATED; REMANDED.

COBB and PETERSON, JJ., concur.

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