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569 So. 2d 1391

Phelps v. State

District Court of Appeal of Florida

Decided November 29, 1990

District Court of Appeal of Florida · decided 1990-11-29

Decided 1990-11-29

PER CURIAM.

¶1The record indicates appellant had a sentencing guidelines category 2 score of 221 points, which put him in the range of 3V2 to 4V2 years incarceration. On violation of probation, the trial court could bump him to the next higher cell (4V2 to 5V2 years) but use of the “permitted range” to further increase the sentence was improper because defendant’s crime was committed before July 1, 1988.

¶2JUDGMENT AFFIRMED; SENTENCE QUASHED; REMANDED FOR RESEN-TENCING.

DAUKSCH, W. SHARP and GRIFFIN, JJ., concur.
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