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554 So. 2d 635

Mallory v. State

District Court of Appeal of Florida

Decided December 28, 1989

District Court of Appeal of Florida · decided 1989-12-28

Relies on 545 So. 2d 838 - Lambert v. State · 545 So. 2d 851 - Franklin v. State · Scott v. State

Decided 1989-12-28

PER CURIAM.

¶1REVERSED.

¶2Appellant was on probation for a second degree robbery when he violated probation by committing another robbery. The guidelines scoresheet allowed a sentence of five to seven years on the original charge and, with a one cell increase for the violation of probation, a maximum sentence of nine years. The trial court imposed a 10 year sentence and must be reversed for exceeding the one cell upward increase permitted for violation of probation. Scott v. State, 549 So.2d 1385 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); Franklin v. State, 545 So.2d 851 (Fla.1989). The state concedes this error and the sentence imposed for violation of probation is

¶3REVERSED and REMANDED for RE-SENTENCING.

WALDEN, WARNER and POLEN, JJ., concur.
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