Opinion
No. 89-1536.
September 6, 1990.
Appeal from the Circuit Court for Volusia County; Robert P. Miller, Judge.
James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
The sentence imposed upon appellant is reversed, and we remand for resentencing in accordance with Washington v. State, 564 So.2d 168 (Fla. 5th DCA June 21, 1990). A departure sentence may not be imposed at resentencing. Pope v. State, 561 So.2d 554 (Fla. 1990).
The maximum period of incarceration that may be imposed in case number 87-4283, including the one-cell bump-up for violation of probation, is 30 months. In case number 88-9627, the maximum period of incarceration that may be imposed for 3 1/2 years, including the one-cell bump-up for committing the new offense while on probation for the old offense. The increased penalty for the new offense results from the "one scoresheet" concept of the sentencing guidelines. Peters v. State, 531 So.2d 121 (Fla. 1988).
REVERSED AND REMANDED.
COBB, GOSHORN and PETERSON, JJ., concur.