Rossignol v. State

Full title: MARK FRANCIS ROSSIGNOL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 13, 1990

566 So. 2d 374 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1846.

September 13, 1990.

Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Judge.

James B. Gibson, Public Defender, and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

We quash the departure sentence imposed in this case (beyond the one cell bump-up authorized by the guidelines)¹ because the reasons given relate solely to factors concerning Rossignol's violations of probation. See Ree v. State, 565 So.2d 1329 (Fla. 1990); Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); McGuire v. State, 555 So.2d 1327 (Fla. 5th DCA 1990); Wright v. State, 554 So.2d 554 (Fla. 5th DCA 1989); Thomas v. State, 552 So.2d 1195 (Fla. 5th DCA 1989).

1 Fla.R.Crim.P. 3.701d.14.

Accordingly we remand for resentencing within the authorized one cell bump-up.

QUASH SENTENCE; REMAND.

COWART, J., and DANIEL, C.W., Judge, Retired, concur.