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554 So. 2d 673

Duplantis v. State

District Court of Appeal of Florida

Decided January 11, 1990

District Court of Appeal of Florida · decided 1990-01-11

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

Decided 1990-01-11

PER CURIAM.

¶1This is an appeal from a departure sentence. Because the court departed from the recommended guideline sentence for the sole reason that the appellant was on probation and again violated the law, it was error to depart from the recommended guideline sentence. Lambert v. State, 545 So.2d 838 (Fla.1989); Franklin v. State, 545 So.2d 851 (Fla.1989). The sentencing judge is limited to a one-cell bump-up.

¶2SENTENCE VACATED; REVERSED.

DAUKSCH, COWART and GOSHORN, JJ., concur.
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