Opinion
No. 89-1034.
May 17, 1990. Rehearing Denied June 19, 1990.
Appeal from the Circuit Court, Lake County, Jerry T. Lockett, J.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
Pray appeals his sentence of 15 years, followed by 15 years on probation, which he received after his probation was revoked in 1989. This was Pray's second probation violation within a 3-year time span and both violations involved the commission of additional substantive crimes.
The trial judge imposed the sentence in this cause, which exceeded the one-cell bump-up, because Pray committed burglary and theft within 6 days after his release from prison. We are bound by the supreme court's holdings that a departure beyond the one-cell bump-up is not permitted for any sentence imposed with revocation of probation, however egregious the circumstances or short the time. Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Hamilton v. State, 548 So.2d 234 (Fla. 1989). Accordingly, we quash the sentence and remand for resentencing.
Sentence QUASHED; REMANDED.
GOSHORN and HARRIS, JJ., concur.