Public-domain · open source
OpenJurist

546 So. 2d 808

546 So.2d 808

14 Fla.L.Weekly 1824

Blands v. State

District Court of Appeal of Florida · decided 1989-08-02

Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · State v. VanKooten

Decided 1989-08-02

PER CURIAM.

¶1The trial court did not err when it increased appellant’s sentence to the next higher cell as provided by the sentencing guidelines. See Florida Rule of Criminal Procedure 3.701(d)14. We also find no conflict with the sentence imposed by the trial court and the holding in State v. Van Kooten, 522 So.2d 830 (Fla.1988).

¶2We reverse the trial court’s assessment of costs against appellant. See Jenkins v. State, 444 So.2d 947 (Fla.1984) and Mays v. State, 519 So.2d 618 (Fla.1988). Additionally the state concedes that the order of revocation does not coincide with the affidavit of violation of probation and that a discrepancy exists in the sentencing order as to the amount of credit for time served. Accordingly, we affirm the sentence and we remand this cause to the trial court with instructions to make appropriate corrections to the order of revocation of probation and the order of sentence.

¶3*809AFFIRMED IN PART; REVERSED IN PART and REMANDED.

ANSTEAD, DELL and STONE, JJ., concur.
/546/so2d/808 · .json · Public domain