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595 So. 2d 583

Britton v. State

District Court of Appeal of Florida · decided 1992-03-25

Relies on 594 So. 2d 273 - Williams v. State

Decided 1992-03-25

PER CURIAM.

¶1On a revocation of probation the trial judge in sentencing appellant departed upward more than one cell based on appellant having had multiple violations of probation in this case. Subsequently, the Florida Supreme Court has held that multiple violations of probation is not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 273 (Fla.1992). Williamsalso held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case is set aside and the cause remanded for resentencing consistent with Williams.

¶2Reversed in part.

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.
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