Davis v. State
Davis v. State
566 So. 2d 369; 1990 Fla. App. LEXIS 6711; 1990 WL 127350
(Southern Reporter, Second Series)
Davis v. State
Opinion of the Court
We agree with appellant that the trial court erred in imposing a multi-cell departure sentence upon revoking appellant’s community control. No written departure reasons were filed and the reason orally stated is an invalid reason for departure. On remand, the trial court may bump defendant’s sentence up to the next higher “permitted” range, a maximum of 4-½ years incarceration.
SENTENCE VACATED; REMANDED FOR RESENTENCING consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.