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566 So. 2d 369

Davis v. State

District Court of Appeal of Florida

Decided September 6, 1990

District Court of Appeal of Florida · decided 1990-09-06

Decided 1990-09-06

PER CURIAM.

¶1We agree with appellant that the trial court erred in imposing a multi-cell departure sentence upon revoking appellant’s community control. No written departure reasons were filed and the reason orally stated is an invalid reason for departure. On remand, the trial court may bump defendant’s sentence up to the next higher “permitted” range, a maximum of 4-½ years incarceration.

¶2SENTENCE VACATED; REMANDED FOR RESENTENCING consistent with this opinion.

DAUKSCH, PETERSON and GRIFFIN, JJ., concur.
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