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553 So. 2d 774

Padgett v. State

District Court of Appeal of Florida

Decided December 19, 1989

District Court of Appeal of Florida · decided 1989-12-19

Cited by 4 later decisions — most recently August 2006

4 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-19

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¶1ON CONFESSION OF ERROR

PER CURIAM.

¶2Based on a probation violation, the trial judge imposed a departure sentence greater than a one cell upward increase beyond that prescribed by the guidelines. As the state concedes, this was erroneous. Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565]; Lambert v. State, 545 So.2d 838 (Fla.1989); Perez v. State, 554 So.2d 14 (Fla.3d DCA 1989). Accordingly, the sentence under review is reversed with directions to resen-tence the defendant, pursuant to Florida Rule of Criminal Procedure 3.701 d 14, to no more than one cell above that otherwise provided by the sentencing guidelines.

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