474 So. 2d 328 | Fla. Dist. Ct. App. | 1985
Peter Gerard Wahl appeals from his sentence for burglary of a structure. He argues that the trial judge erred in relying on Florida Rule of Criminal Procedure 3.701(d)(14) to raise his sentence to the next higher cell without providing a reason for departure. The argument is founded on his contention that the rule was retroactively applied. We disagree and affirm the sentence.
In April 1982 appellant pled guilty and was placed on five years’ probation. In August 1982 he admitted to a technical violation of probation and, pursuant to an agreement, the court entered an order of modification of probation. In January 1983 it was alleged that appellant again violated his probation. A hearing was held and appellant’s probation was revoked on July 20, 1984. At the hearing appellant selected to be sentenced under the guidelines pursuant to section 921.001(4)(a), Florida Statutes (1983). That section requires that a criminal defendant, if he so selects, must be sentenced in accordance with the guidelines.
Appellant’s score placed him in the first cell range of any non-state prison sanction. The trial judge elevated appellant’s sentence to the next higher cell pursuant to Florida Rule of Criminal Procedure 3.701(d)(14) and sentenced him within that cell to two years’ incarceration.
Florida Rule of Criminal Procedure 3.701(d)(14), which permits an enhancement of a sentence imposed after revocation, cannot be applied retroactively. Burke v. State, 460 So.2d 1022’ (Fla. 2d
AFFIRMED.
