Opinion
No. 95-837.
January 10, 1996.
An Appeal from the Circuit Court for Dade County; Alan Postman, Judge.
Sergio Fernandez, in proper person.
Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before BARKDULL, GERSTEN and GREEN, JJ.
The defendant violated his community control and was sentenced to 5 1/2 years in prison. His scoresheet shows 55 points, which scores out to only any non-state prison sanction. Therefore he contends that the sentence illegally exceeds the one-cell bump up that is permitted for violation of probation. The state contends that he was sentenced based on more than the probation violation, but that the scoresheet does not reflect this. We find that the record is insufficient to support the defendant's sentence. Roberson v. State, 555 So.2d 976 (Fla. 1st DCA 1990); Hembree v. State, 519 So.2d 1138 (Fla. 2d DCA 1988). We therefore vacate the sentence and remand the matter to the trial court for resentencing upon a proper scoresheet.
Reversed and remanded with directions.