Duplantis v. State 554 So. 2d 673

554 So. 2d 673

Morgan Todd DUPLANTIS, Appellant, v. STATE of Florida, Appellee.

No. 89-434.

District Court of Appeal of Florida, Fifth District.

Jan. 11, 1990.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

*674Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

PER CURIAM.

This is an appeal from a departure sentence. Because the court departed from the recommended guideline sentence for the sole reason that the appellant was on probation and again violated the law, it was error to depart from the recommended guideline sentence. Lambert v. State, 545 So.2d 838 (Fla.1989); Franklin v. State, 545 So.2d 851 (Fla.1989). The sentencing judge is limited to a one-cell bump-up.

SENTENCE VACATED; REVERSED.

DAUKSCH, COWART and GOSHORN, JJ., concur.

Duplantis v. State
554 So. 2d 673

Case Details

Name
Duplantis v. State
Decision Date
Jan 11, 1990
Citations

554 So. 2d 673

Jurisdiction
Florida
Court
Florida District Court of Appeal

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