Opinion
No. 89-2622.
September 27, 1990.
Appeal from the Circuit Court for Seminole County; Robert B. McGregor, Judge.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.
The sole issue on appeal is the propriety of the guidelines departure sentence imposed after the defendant admitted violating his probation in Case No. 87-2582. The indicated guidelines sentence was 2 1/2 to 3 1/2 years' imprisonment in the Department of Corrections. The court imposed a sentence of 15 years' imprisonment, which represented a seven-cell increase from the recommended sentence. Because we now know that the trial court is limited to a one-cell "bump" when imposing a sentence after a violation of probation, we affirm the conviction but vacate the sentence and remand for resentencing. Lambert v. State, 545 So.2d 838 (Fla. 1989).
JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED.
SHARP and PETERSON, JJ., concur.