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RUSHING v. STATE

No. 89-840.

561 So.2d 36 (1990)

Andrew RUSHING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 24, 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 Fleming Lee; Asst. Atty. Gen., Daytona Beach, for appellee.

GRIFFIN, Judge.

This is an appeal of a guidelines departure sentence in a probation violation case. The sentence imposed exceeded the one-bracket bump-up permitted in probation violation cases.

The case law in Florida has now established that a trial court cannot exceed a one-cell "bump-up" upon revocation of probation. Franklin v. State, 545 So.2d 851 (Fla. 1989); State v. Tuthill, 545 So...

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