McNeal v. State
McNeal v. State
567 So. 2d 47; 1990 Fla. App. LEXIS 7388; 1990 WL 140279
(Southern Reporter, Second Series)
McNeal v. State
Opinion of the Court
The appellant contends, and the appellee agrees, that upon revocation of community control or probation, based upon a single violation, a trial court is limited under the sentencing guidelines to a one cell “bump-up.” Franklin v. State, 545 So.2d 851 (Fla. 1989). Thus, the defendant’s sentence beyond the one cell “bump-up” was an unauthorized departure from the sentencing guidelines.
Reversed and remanded for resentenc-ing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.