Opinion
No. 89-840.
May 24, 1990.
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee; Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal of a guidelines departure sentence in a probation violation case. The sentence imposed exceeded the one-bracket bump-up permitted in probation violation cases.
The case law in Florida has now established that a trial court cannot exceed a one-cell "bump-up" upon revocation of probation. Franklin v. State, 545 So.2d 851 (Fla. 1989); State v. Tuthill, 545 So.2d 850 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989).
SENTENCE VACATED; REMANDED for resentencing.
DANIEL, C.J., and DAUKSCH, J., concur.