PORTER v. STATE

No. 90-919.

579 So.2d 345 (1991)

Teddy Rico PORTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1991.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, David A. Davis, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Suzanne G. Printy, Asst. Atty. Gen., Tallahassee, for appellee.


WIGGINTON, Judge.

Appellant appeals his departure sentences which exceed the one-cell increase allowed by Florida Rule of Criminal Procedure 3.701(d)(14) for violation of probation or community control. We reverse his sentences and remand for resentencing within the one-cell increase.

In his sentencing departure order, the trial judge related that appellant has an extensive recent history of probation and community control violations, some of which include...

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