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DAVIS v. STATE

No. 89-2559.

566 So.2d 369 (1990)

McArthur DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 6, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We agree with appellant that the trial court erred in imposing a multi-cell departure sentence upon revoking appellant's community control. No written departure reasons were filed and the reason orally stated is an invalid reason for departure. On remand, the trial court may bump defendant's sentence up to the next higher "permitted" range, a maximum of 4-1/2 years incarceration.

SENTENCE VACATED; REMANDED FOR RESENTENCING consistent with this...

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