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McCULLERS v. STATE

No. 92-2780.

627 So.2d 607 (1993)

Jimmy R. McCullers, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 10, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

This is an appeal from a sentence. Because a permitted one-cell bump-up would be four and one-half years, the court erred in giving appellant five years. Turner v. State, 611 So.2d 1363 (Fla. 5th DCA 1993). The sentence is vacated and this cause remanded for resentencing.

REVERSED and REMANDED.

DAUKSCH, COBB and DIAMANTIS...

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