Opinion
No. 90-992.
November 29, 1990.
Appeal from the Circuit Court for Citrus County; John P. Thurman, Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.
The record indicates appellant had a sentencing guidelines category 2 score of 221 points, which put him in the range of 3 1/2 to 4 1/2 years incarceration. On violation of probation, the trial court could bump him to the next higher cell (4 1/2 to 5 1/2 years) but use of the "permitted range" to further increase the sentence was improper because defendant's crime was committed before July 1, 1988.
JUDGMENT AFFIRMED; SENTENCE QUASHED; REMANDED FOR RESENTENCING.
DAUKSCH, W. SHARP and GRIFFIN, JJ., concur.