Florida District Courts of Appeal, 1992

Jefferson v. State

Jefferson v. State
Florida District Courts of Appeal · Decided March 25, 1992 · Danahy, Parker, Patterson
595 So. 2d 585; 1992 Fla. App. LEXIS 3308; 1992 WL 57903 (Southern Reporter, Second Series)

Jefferson v. State

Opinion of the Court

PER CURIAM.

Thomas Jefferson appeals the summary denial of his motion to correct his illegal sentence. Upon revocation of the appellant’s probation, the trial court sentenced him to four and one-half years in prison for shooting at or into a building. The upper limit of the permitted range of the next higher cell was three and one-half years’ incarceration. Because the court sentenced the appellant beyond the permitted range of the next higher cell, we remand *586for resentencing in accordance with the guidelines.

Reversed and remanded.

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.

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