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PIPER v. STATE

No. 89-916.

557 So.2d 238 (1990)

William Dale PIPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 1, 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 Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a guideline departure sentence. Because appellant was sentenced for a violation of probation the court was limited to imposing a sentence of a one cell bump-up. Lambert v. State, 545 So.2d 838 (Fla. 1989). The sentence is vacated and this cause remanded for resentencing.

SENTENCE VACATED; REMANDED.

DANIEL, C.J., and GRIFFIN...

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