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Knight v. State

District Court of Appeal of Florida, First District
May 30, 1991
579 So. 2d 916 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-89.

May 30, 1991.

An Appeal from an order of the Circuit Court for Hamilton County; John W. Peach, Judge.

Donald K. Rudser, Jasper, for appellant.

Gypsy Bailey, Asst. Atty. Gen., Tallahassee, and Charles T. Faircloth, Jr., Legal Intern, for appellee.


Appellant seeks review of a sentence imposed upon a finding that appellant had violated certain conditions of her probation. Appellant concedes that the sentence exceeded the one-cell guidelines increase authorized by Maxwell v. State, 576 So.2d 367 (Fla. 1st DCA 1991) and Sanders v. State, 560 So.2d 298 (Fla. 1st DCA 1990). Accordingly, we vacate the departure sentence imposed by the trial court, and remand for resentencing within the guidelines range one-cell increase. As in Maxwell, we certify direct conflict with Williams v. State, 568 So.2d 1276 (Fla. 2d DCA 1990) and Brown v. State, 559 So.2d 412 (Fla. 2d DCA 1990).

SMITH, NIMMONS and MINER, JJ., concur.


Summaries of

Knight v. State

District Court of Appeal of Florida, First District
May 30, 1991
579 So. 2d 916 (Fla. Dist. Ct. App. 1991)
Case details for

Knight v. State

Case Details

Full title:LEOLA A. KNIGHT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 30, 1991

Citations

579 So. 2d 916 (Fla. Dist. Ct. App. 1991)