STEWART v. STATE

No. 85-859.

486 So.2d 83 (1986)

Lucious STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.


SANDERLIN, Judge.

Appellant Lucious Stewart appeals his sentence following revocation of probation. We reverse and remand for resentencing.

Appellant's presumptive sentence under the guidelines including the one-cell enhancement for probation violation provided in Florida Rule of Criminal Procedure 3.701(d)(14), was 12-30 months' incarceration or community control. The trial court sentenced appellant to five years' imprisonment for possession of a short-barreled...

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