Florida District Courts of Appeal, 1990

Wiggins v. State

Florida District Courts of Appeal · Decided March 22, 1990 · Harris, Peterson, Sharp

559 So. 2d 262; 1990 Fla. App. LEXIS 1825; 1990 WL 31534 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Furlow v. State (Fla. 1991)
Lape v. State (Fla. Dist. Ct. App. 1990)
Washington v. State (Fla. Dist. Ct. App. 1990)
Washington v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

W. SHARP, Judge.

We affirm Wiggins' adjudication of guilt for attempted armed robbery.1 How*263ever, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So.2d 851 (Fla. 1989), and Lambert v. State, 545 So.2d 838 (Fla. 1989).

The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988), 522 So.2d 374 (Fla. 1988). However, the amendment took effect after the offenses in this case were committed. Thus, we remand for resentencing within the one-cell bump-up permitted range.

AFFIRMED in part; sentences QUASHED; REMANDED.

HARRIS and PETERSON, JJ., concur.

. §§ 812.13(1), 777.04(1), Fla.Stat. (1987).

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