Opinion
No. 89-2441.
April 29, 1992. Rehearing Denied May 29, 1992.
Appeal from the Circuit Court for Broward County; Richard D. Eade, Judge.
Kayo E. Morgan, Fort Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant challenges his sentence for violation of probation. The state concedes that the trial court erred by increasing appellant's sentence upward in excess of a single cell. Upon finding that appellant violated probation, the court was permitted to increase appellant's sentence only to the next higher cell. Fla.R.Crim.P. 3.701(d)(14). Accordingly, the sentence imposed on appellant for violation of probation is reversed and remanded for sentencing within the guidelines or increased only to the next higher cell.
GLICKSTEIN, C.J., and LETTS and WARNER, JJ., concur.
ON MOTION FOR REHEARING
ORDERED that Appellee's motion filed May 1, 1992, for rehearing is hereby denied. See Williams v. State, 594 So.2d 273 n. 3 (Fla. 1992).