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479 So. 2d 315

479 So.2d 315

10 Fla.L.Weekly 2717

James v. State

District Court of Appeal of Florida

Decided December 12, 1985

District Court of Appeal of Florida · decided 1985-12-12

Relies on 475 So. 2d 1356 - Boldes v. State

Decided 1985-12-12

DAUKSCH, Judge.

¶1This is an appeal from a sentence which is a departure from the sentencing guidelines. Although the trial court asserted in its reasons for departure that appellant twice violated his probation, the record reflects that he violated his probation once.

¶2When a probationer violates his probation he is subject to being resen-tenced upwards one cell. Boldes v. State, 475 So.2d 1356 (Fla. 5th DCA 1985). Here the sentence was enhanced five cells. This was error so we vacate the sentence and remand for resentencing.

¶3Sentence VACATED; REMANDED.

ORFINGER and COWART, JJ., concur.
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