Florida District Courts of Appeal, 1990

McNeal v. State

McNeal v. State
Florida District Courts of Appeal · Decided September 26, 1990 · Frank, Lehan, Patterson
567 So. 2d 47; 1990 Fla. App. LEXIS 7388; 1990 WL 140279 (Southern Reporter, Second Series)

McNeal v. State

Opinion of the Court

PER CURIAM.

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.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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