Florida District Courts of Appeal, 1990

Anderson v. State

Anderson v. State
Florida District Courts of Appeal · Decided June 7, 1990 · Daniel, Harris, Peterson
561 So. 2d 690; 1990 Fla. App. LEXIS 4076; 1990 WL 74062 (Southern Reporter, Second Series)

Anderson v. State

Opinion of the Court

DANIEL, Chief Judge.

Defendant, Warren Anderson, appeals the fifteen year sentence imposed by the sentencing court following his plea of nolo contendere to a violation of community control. Defendant contends, and the state properly concedes, that the sentencing court erred by exceeding the one-cell bump-up permitted in violation cases. 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). Accordingly, defendant’s sentence is vacated and this matter remanded for resentenc-ing.

Sentence VACATED; case REMANDED. .

HARRIS and PETERSON, JJ., concur.

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