Hampton v. State

Full title: MICHAEL JOHN HAMPTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 18, 1986

499 So. 2d 33 (Fla. Dist. Ct. App. 1986)

Opinion

No. BH-208.

December 18, 1986.

An Appeal from the Circuit Court for Bay County; N. Russell Bower, Judge.

Michael E. Allen, Public Defender, and David A. Davis, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a sentence imposed outside the sentencing guidelines. The trial court's sole ground for departure was a violation of probation. We reverse and remand with instructions that the trial court sentence appellant in the next higher guidelines cell. Ludmin v. State, 480 So.2d 1389 (Fla. 1st DCA 1986).

JOANOS and ZEHMER, JJ., and VICTOR M. CAWTHON, Associate Judge, concur.