Piper v. State

Full title: WILLIAM DALE PIPER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 1, 1990

557 So. 2d 238 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-916.

March 1, 1990.

Appeal from the Circuit Court for Orange County; Gary L. Formet, Sr., Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a guideline departure sentence. Because appellant was sentenced for a violation of probation the court was limited to imposing a sentence of a one cell bump-up. Lambert v. State, 545 So.2d 838 (Fla. 1989). The sentence is vacated and this cause remanded for resentencing.

SENTENCE VACATED; REMANDED.

DANIEL, C.J., and GRIFFIN, J., concur.