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554 So. 2d 673

Snelling 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 · 515 So. 2d 748 - Shull v. Dugger · 545 So. 2d 851 - Franklin v. State

Decided 1990-01-11

PER CURIAM.

¶1The departure sentence imposed, based on factors relating to the violation of probation, is vacated on the authority of Franklin v. State, 545 So.2d 851 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); see also, Dewberry v. State, 546 So.2d 409 (Fla.1989); Phillips v. State, 550 So.2d 1189 (Fla. 5th DCA 1989); and Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989). The cause is remanded for resen-tencing within the recommended guidelines range. See Shull v. Dugger, 515 So.2d 748 (Fla.1987); see also Branton, supra.The trial court may (but need not) bump up one cell. Franklin v. State, supra; Fla.R.Crim.P. 3.701(d)14.

¶2SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH, SHARP and COWART, JJ., concur.
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