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McNeal v. State

District Court of Appeal of Florida, Second District
Mar 20, 1992
595 So. 2d 1091 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-01855.

March 20, 1992.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

Dwight M. Wells, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


Earnest Earl McNeal appeals his sentence of fifteen years' incarceration, which was imposed after his second adjudication for violation of probation, and represents an eight-cell bump from the recommended sentence. The trial court's sole reason for departure was Mr. McNeal's multiple violations of probation. The supreme court recently disapproved this reason for departure in Williams v. State, 594 So.2d 273 (Fla. 1992). Accordingly, we reverse Mr. McNeal's sentence and remand for resentencing in accordance with Williams, which "sentence may be successively bumped to one higher cell for each violation." Id. at 274 and n. 3.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


Summaries of

McNeal v. State

District Court of Appeal of Florida, Second District
Mar 20, 1992
595 So. 2d 1091 (Fla. Dist. Ct. App. 1992)
Case details for

McNeal v. State

Case Details

Full title:EARNEST EARL McNEAL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 20, 1992

Citations

595 So. 2d 1091 (Fla. Dist. Ct. App. 1992)

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