Florida District Courts of Appeal, 1993

McCullers v. State

McCullers v. State
Florida District Courts of Appeal · Decided December 10, 1993 · Cobb, Dauksch, Diamantis
627 So. 2d 607; 1993 Fla. App. LEXIS 12496; 1993 WL 504370 (Southern Reporter, Second Series)

McCullers v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a sentence. Because a permitted one-cell bump-up would be four and one-half years, the court erred in giving appellant five years. Turner v. State, 611 So.2d 1363 (Fla. 5th DCA 1993). The sentence is vacated and this cause remanded for resentencing.

REVERSED and REMANDED.

DAUKSCH, COBB and DIAMANTIS, JJ., concur.

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