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Avila v. State

District Court of Appeal of Florida, Third District
May 7, 1991
578 So. 2d 899 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-2437.

May 7, 1991.

An Appeal from the Circuit Court for Monroe County; Richard G. Payne, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before HUBBART, COPE and GERSTEN, JJ.


ON CONFESSION OF ERROR


Defendant Juan Avila appeals his sentences imposed on admissions of violation of community control. We reverse.

The State has conceded that the trial court impermissibly departed from the sentencing guidelines. See Ree v. State, 565 So.2d 1329, 1331 (Fla. 1989). The trial court was not authorized to exceed the one-cell increase allowed by Florida Rule of Criminal Procedure 3.701(d)(14). Id.

We reverse and remand the case for resentencing within the limits permitted by the sentencing guidelines.


Summaries of

Avila v. State

District Court of Appeal of Florida, Third District
May 7, 1991
578 So. 2d 899 (Fla. Dist. Ct. App. 1991)
Case details for

Avila v. State

Case Details

Full title:JUAN AVILA, A/K/A JUAN AVILA LOPEZ, APPELLANT, v. THE STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: May 7, 1991

Citations

578 So. 2d 899 (Fla. Dist. Ct. App. 1991)