No. 90-89 | Fla. Dist. Ct. App. | May 30, 1991
Appellant seeks review of a sentence imposed upon a finding that appellant had violated certain conditions of her probation. Appellee concedes that the sentence exceeded the one-cell guidelines increase authorized by Maxwell v. State, 576 So. 2d 367" date_filed="1991-03-07" court="Fla. Dist. Ct. App." case_name="Maxwell v. State">576 So.2d 367 (Fla. 1st DCA 1991) and Sanders v. State, 560 So. 2d 298" date_filed="1990-04-18" court="Fla. Dist. Ct. App." case_name="Sanders v. State">560 So.2d 298 (Fla. 1st DCA 1990). Accordingly, we vacate the departure sentence imposed by the trial court, and remand for resentencing within the guidelines range one-cell increase. As in Maxwell, we certify direct conflict with Williams v. State, 568 So. 2d 1276" date_filed="1990-04-27" court="Fla. Dist. Ct. App." case_name="Williams v. State">568 So.2d 1276 (Fla. 2d DCA 1990) and Brown v. State, 559 So. 2d 412" date_filed="1990-04-11" court="Fla. Dist. Ct. App." case_name="Brown v. State">559 So.2d 412 (Fla. 2d DCA 1990).