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AVILA v. STATE

No. 89-2437.

578 So.2d 899 (1991)

Juan AVILA, a/K/a Juan Avila Lopez, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 7, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before HUBBART, COPE and GERSTEN, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

Defendant Juan Avila appeals his sentences imposed on admissions of violation of community control. We reverse.

The State has conceded that the trial court impermissibly departed from the sentencing guidelines. See Ree v. State, 565 So.2d 1329, 1331 (Fla. 1989). The trial court was not authorized to exceed the one-cell increase allowed by Florida Rule of Criminal Procedure...

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