Opinion
No. 89-2581.
September 27, 1990.
Appeal from the Circuit Court for Osceola County; Belvin Perry, Jr., Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from two sentences. We vacate the sentence only in the delivery of cocaine case, which is given case number 88-1482 in the circuit court. Because the sentencing court is limited to a one-cell bump-up in sentencing for violation of probation, the upper limit is five and one-half years incarceration. We affirm the other sentence.
SENTENCE AFFIRMED in case number 89-563.
SENTENCE VACATED, REMANDED in case number 88-1482.
COBB and GRIFFIN, JJ., concur.