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561 So. 2d 446

Verdell v. State

District Court of Appeal of Florida · decided 1990-05-17

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

Decided 1990-05-17

HARRIS, Judge.

¶1John K. Verdell appeals his departure sentence for violation of probation and violation of community control. Appellant committed two new substantive offenses while on probation and community control. Although the court could have considered departure for the new substantive offenses, it elected to place appellant on probation for these new offenses but departed from the one cell bump authorized in violations cases. This was error and we reverse. See Franklin v. State, 545 So.2d 851 (Fla.1989).

¶2REVERSED and REMANDED for re-sentencing.

PETERSON, J., concurs.W. SHARP, J., dissents with opinion.
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