SMITH v. STATE

No. 91-3620.

608 So.2d 567 (1992)

Kelvin SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 19, 1992.


Attorney(s) appearing for the Case

James C. Banks, Sp. Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Andrea D. England, Asst. Atty. Gen., Tallahassee, for appellee.


ERVIN, Judge.

We reverse the sentences of appellant, Kelvin Smith, for two reasons. First, Smith contends, and the state concedes, that the trial court erred in case number 90-34CF by sentencing Smith to ten years in prison for two counts of sale of cocaine following a violation of probation, which constituted a four-cell bump up from his original recommended guideline prison sentence of three and one-half to four and one-half years. Florida Rule of Criminal Procedure...

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