LEWIS v. STATE

Nos. 85-2527, 85-2528.

510 So.2d 1089 (1987)

Clemon LEWIS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Chief Judge.

Appellant contends that his sentence, imposed after revocation of probation, is an impermissible departure based upon reasons that are not clear and convincing. We agree and vacate his sentence. We remand for resentencing within the guidelines range with an allowable one cell bump-up for a sentence imposed after probation revocation. Fla.R.Crim.P. 3.701(d)(14).

The trial court sentenced appellant to three concurrent five-year terms of...

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