PHELPS v. STATE

No. 90-992.

569 So.2d 1391 (1990)

Roger Leon PHELPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

The record indicates appellant had a sentencing guidelines category 2 score of 221 points, which put him in the range of 3 1/2 to 4 1/2 years incarceration. On violation of probation, the trial court could bump him to the next higher cell (4 1/2 to 5 1/2 years) but use of the "permitted range" to further increase the sentence was improper because defendant's crime was committed before July 1, 1988.

JUDGMENT AFFIRMED; SENTENCE QUASHED; REMANDED...

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