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598 So. 2d 286

Benner v. State

District Court of Appeal of Florida · decided 1992-05-13

Relies on Williams v. State · O'KEEFE v. State

Decided 1992-05-13

PER CURIAM.

¶1The appellant appeals her sentence of forty-five years imprisonment imposed as the result of revocation of her probation. The original guidelines scoresheet placed the appellant in the twelve to thirty months in prison or community control cell.

¶2On revocation of probation, the trial court in sentencing the appellant departed upward more than one cell based on the appellant’s having had multiple violations of probation. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 284 (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. See also O’Keefe v. State, 595 So.2d 291 (Fla. 5th DCA 1992).

RYDER, A.C.J., and LEHAN and BLUE, JJ., concur.
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