Florida District Courts of Appeal, 1992

McNeal v. State

Florida District Courts of Appeal · Decided March 20, 1992 · Altenbernd, Danahy, Patterson

595 So. 2d 1091; 1992 Fla. App. LEXIS 2798; 1992 WL 51241 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Duncan v. State (Fla. Dist. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Earnest Earl McNeal appeals his sentence of fifteen years’ incarceration, which was imposed after his second adjudication for violation of probation, and represents an eight-cell bump from the recommended sentence. The trial court’s sole reason for departure was Mr. McNeal’s multiple violations of probation. The supreme court recently disapproved this reason for departure in Williams v. State, 594 So.2d 273 (Fla. 1992). Accordingly, we reverse Mr. *1092McNeal’s sentence and remand for resen-tencing in accordance with Williams, which “sentence may be successively bumped to one higher cell for each violation.” Id. at 274 and n. 3.

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

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