Avila v. State
Avila v. State
578 So. 2d 899; 1991 Fla. App. LEXIS 4605; 1991 WL 82491
(Southern Reporter, Second Series)
Avila v. State
Opinion of the Court
ON CONFESSION OF ERROR
Defendant Juan Avila appeals his sentences imposed on admissions of violation of community control. We reverse.
The State has conceded that the trial court impermissibly departed from the sentencing guidelines. See Ree v. State, 565 So.2d 1329, 1331 (Fla. 1989). The trial court was not authorized to exceed the one-cell increase allowed by Florida Rule of Criminal Procedure 3.701(d)(14). Id.
We reverse and remand the case for re-sentencing within the limits permitted by the sentencing guidelines.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.