Webber v. State
Webber v. State
591 So. 2d 263; 1991 Fla. App. LEXIS 10247; 1991 WL 200063
(Southern Reporter, Second Series)
Webber v. State
Opinion of the Court
We reverse and remand for resentencing. The state concedes that appellant’s original scoresheet was incorrectly calculated. As a result, the trial judge departed from the guidelines when he gave a “bump up” sentence for appellant’s violation of probation.
On remand, because the trial judge did not realize that the sentence constituted a departure, he can choose to depart if substantiated by a written reason. See State v. Vanhorn, 561 So.2d 584 (Fla. 1990). At resentencing, appellant should receive an additional credit of fifteen days for the time he spent in jail pending the violation of probation hearing.
REVERSED AND REMANDED FOR RESENTENCING.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.