Florida District Courts of Appeal, 1990

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided September 6, 1990 · Dauksch, Griffin, Peterson
566 So. 2d 369; 1990 Fla. App. LEXIS 6711; 1990 WL 127350 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

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.

DAUKSCH, PETERSON and GRIFFIN, JJ., concur.

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