Gagger v. State

Full title: CURTIS GAGGER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 5, 1990

558 So. 2d 1102 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1260.

April 5, 1990.

Appeal from the Circuit Court for Marion County; Victor J. Musleh, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant alleges and appellee concedes that the sentencing judge erred by exceeding the one-cell bump-up permitted for violation of probation. Hamilton v. State, 548 So.2d 234 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989).

SENTENCE VACATED; REMANDED.

COBB and PETERSON, JJ., concur.