Rossignol v. State, 566 So. 2d 374

Rossignol v. State

566 So. 2d 374 | Fla. Dist. Ct. App. | 1990

W. SHARP, Judge.

We quash the departure sentence imposed in this case (beyond the one cell bump-up authorized by the guidelines)1 because the reasons given relate solely to factors concerning Rossignol’s violations of probation. See Ree v. State, 565 So.2d 1329 (Fla.1990); Franklin v. State, 545 So.2d 851 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); McGuire v. State, 555 So.2d 1327 (Fla. 5th DCA 1990); Wright v. State, 554 So.2d 554 (Fla. 5th DCA 1989); Thomas v. State, 552 So.2d 1195 (Fla. 5th DCA 1989).

Accordingly we remand for resentencing within the authorized one cell bump-up.

QUASH SENTENCE; REMAND.

COWART, J., and DANIEL, C.W., Judge, Retired, concur.

. Fla.R.Crim.P. 3.701d.l4.