Opinion
No. 89-434.
January 11, 1990.
Appeal from the Circuit Court for Marion County; Carven D. Angel, Judge, John E. Futch, Acting Circuit Judge.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.
This is an appeal from a departure sentence. Because the court departed from the recommended guideline sentence for the sole reason that the appellant was on probation and again violated the law, it was error to depart from the recommended guideline sentence. Lambert v. State, 545 So.2d 838 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989). The sentencing judge is limited to a one-cell bump-up.
SENTENCE VACATED; REVERSED.
DAUKSCH, COWART and GOSHORN, JJ., concur.