Barnes v. State, 461 So. 2d 216

PER CURIAM.

Appellant appeals his sentence complaining that the trial court erred in relying upon an amendment to the sentencing guidelines which provides for “bumping up” a sentence range into the next higher “cell” when a defendant‘s probation is revoked. See Rule 3.701(d)(14), Fla.R. Crim.P. This rule was not effective until July 1, 1984, several months after appellant was sentenced. While this appeal was pending, this court decided Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984), which holds that this amended rule cannot be applied retroactively. See also Saunders v. State, 459 So.2d 1119 (Fla. 1st DCA 1984); and Randolph v. State, 458 So.2d 64 (Fla. 1st DCA 1984). Accordingly, appellant‘s sentence is VACATED and the case is REMANDED for resentencing.

SMITH, ZEHMER and BARFIELD, JJ., concur.

Case Details

Case Name: Barnes v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 18, 1984

Citations: 461 So. 2d 216; AY-206

Docket Number: AY-206

Court Abbreviation: Fla. Dist. Ct. App.