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VERDELL v. STATE

No. 89-946.

561 So.2d 446 (1990)

John K. VERDELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

John K. Verdell appeals his departure sentence for violation of probation and violation of community control. Appellant committed two new substantive offenses while on probation and community control. Although the court could have considered departure for the new substantive offenses, it elected to place appellant on probation for these new offenses but departed from the one cell bump authorized in violations cases. This was error and we reverse.

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