Wiggins v. State, No. 89-841

No. 89-841 | Fla. Dist. Ct. App. | Mar 22, 1990

W. SHARP, Judge.

We affirm Wiggins' adjudication of guilt for attempted armed robbery.¹ However, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So. 2d 851" court="Fla." date_filed="1989-06-15" href="https://app.midpage.ai/document/franklin-v-state-1749597?utm_source=webapp" opinion_id="1749597">545 So.2d 851 (Fla.1989), and Lambert v. State, 545 So. 2d 838" court="Fla." date_filed="1989-06-15" href="https://app.midpage.ai/document/lambert-v-state-1750533?utm_source=webapp" opinion_id="1750533">545 So.2d 838 (Fla.1989).

The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988), 522 So. 2d 374" court="Fla." date_filed="1988-04-21" href="https://app.midpage.ai/document/florida-rules-of-criminal-procedure-re-sentencing-guidelines-1624637?utm_source=webapp" opinion_id="1624637">522 So.2d 374 (Fla.1988). However, the amendment took effect after the offenses in this case were committed. Thus, we remand for resentencing within the one-cell bump-up permitted range.

AFFIRMED in part; sentences QUASHED; REMANDED.

HARRIS and PETERSON, JJ., concur.

1 . §§ 812.13(1), 777.04(1), Fla.Stat. (1987).