Florida District Courts of Appeal, 1990

Rushing v. State

Rushing v. State
Florida District Courts of Appeal · Decided May 24, 1990 · Daniel, Dauksch, Griffin
561 So. 2d 36; 1990 Fla. App. LEXIS 3721; 1990 WL 68668 (Southern Reporter, Second Series)

Rushing v. State

Opinion of the Court

GRIFFIN, Judge.

This is an appeal of a guidelines departure sentence in a probation violation case. The sentence imposed exceeded the one-bracket bump-up permitted in probation violation cases.

The case law in Florida has now established that a trial court cannot exceed a one-cell “bump-up” upon revocation of probation. Franklin v. State, 545 So.2d 851 (Fla. 1989); State v. Tuthill, 545 So.2d 850 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989).

SENTENCE VACATED; REMANDED for resentencing.

DANIEL, C.J., and DAUKSCH, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.