Thomas v. State

District Court of Appeal of Florida

Decided November 30, 1989

District Court of Appeal of Florida · decided 1989-11-30

Cited by 3 later decisions — most recently September 1990

3 state decisions

Relies on 545 So. 2d 838 - Lambert v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-30

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DAUKSCH, Judge.

¶1This is an appeal from a guideline departure sentence. The reason given for the departure sentence was the same reason for which the probation was revoked. This is not in accord with Lambert v. State, 545 So.2d 838 (Fla.1989). Therefore, the sentence is vacated and this case remanded for resentencing to a sentence in accord with the sentencing guidelines. A one-cell bump is the maximum permitted.

¶2SENTENCE VACATED; REMANDED.

SHARP and COWART, JJ„ concur.