McGuire v. State

Full title: RICHARD DARRELL McGUIRE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 1, 1990

555 So. 2d 1327 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-471.

February 1, 1990.

Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.

James B. Gibson, Public Defender and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Fleming Lee, Asst. Atty. Gen. and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

GOSHORN, Judge.

This is an appeal from a departure sentence imposed after a violation of probation. Because the sentencing judge is limited to a one-cell bump-up, we reverse and remand for resentencing. Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989).

Sentence VACATED; REVERSED and REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.