Opinion
No. 89-1635.
June 7, 1990.
Appeal from the Circuit Court for Orange County; Gary L. Formet, Sr., Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.
Defendant, Warren Anderson, appeals the fifteen year sentence imposed by the sentencing court following his plea of nolo contendere to a violation of community control. Defendant contends, and the state properly concedes, that the sentencing court erred by exceeding the one-cell bump-up permitted in violation cases. Hamilton v. State, 548 So.2d 234 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989). Accordingly, defendant's sentence is vacated and this matter remanded for resentencing.
Sentence VACATED; case REMANDED.
HARRIS and PETERSON, JJ., concur.