MALLORY v. STATE

No. 88-3256.

554 So.2d 635 (1989)

Dale L. MALLORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

REVERSED.

Appellant was on probation for a second degree robbery when he violated probation by committing another robbery. The guidelines scoresheet allowed a sentence of five to seven years on the original charge and, with a one cell increase for the violation of probation, a maximum sentence of nine years. The trial court imposed a 10 year sentence and must be reversed for exceeding the one cell upward increase permitted for violation of probation...

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