Opinion
No. 85-540.
December 12, 1985.
Appeal from the Circuit Court, St. Johns County, Richard G. Weinberg, J.
James B. Gibson, Public Defender, and Michael O'Neill, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from a sentence which is a departure from the sentencing guidelines. Although the trial court asserted in its reasons for departure that appellant twice violated his probation, the record reflects that he violated his probation once.
When a probationer violates his probation he is subject to being resentenced upwards one cell. Boldes v. State, 475 So.2d 1356 (Fla. 5th DCA 1985). Here the sentence was enhanced five cells. This was error so we vacate the sentence and remand for resentencing.
Sentence VACATED; REMANDED.
ORFINGER and COWART, JJ., concur.