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503 So. 2d 970

503 So.2d 970

12 Fla.L.Weekly 745

Deegan v. State

District Court of Appeal of Florida · decided 1987-03-11

Relies on Carter v. State · 482 So. 2d 311 - Florida Bar Re: Rules of Criminal Procedure

Decided 1987-03-11

PER CURIAM.

¶1The trial court, without giving any written reasons for doing so, imposed a sentence for revocation of probation that constituted a two-cell deviation from the guideline sentence for appellant’s underlying offense of battery on a law enforcement officer. Although a trial court may make a one-cell deviation from the guidelines after revocation of probation without giving a reason for departure, written reasons for departure must accompany any greater deviation. The Florida Bar Re: Rules of Criminal Procedure, 482 So.2d 311 (Fla.1985); Rule 3.701(d)(11), (14), Fla.R.Crim.P.; Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984). We therefore vacate the sentence imposed by the trial court and remand the case for resentencing.

¶2REVERSED and REMANDED.

HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
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