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DENEGAL v. STATE

No. 89-987.

562 So.2d 828 (1990)

Levi DENEGAL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 7, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Kathryn Rollinson Radtke, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

GOSHORN, Judge.

Denegal pled guilty to grand theft and was placed on 3 years' probation. After violating his probation, Denegal was sentenced to 2 years' community control, based upon a guideline recommendation of 12 to 30 months in prison or community control. This recommendation reflected the one cell bump-up permitted after a violation of probation. Fla.R.Crim.P. 3.701(d)(14). Denegal then violated his community control and was sentenced to 3 1/2 years in the Department...

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