WILLIAMS v. STATE

No. 95-659.

675 So.2d 225 (1996)

Marcellus WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 14, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, Daytona Beach, for Appellee.


W. SHARP, Judge.

The State concedes that the trial court erred in applying a 1.5 multiplier to calculate Williams' Guidelines score. Because the score, if properly calculated without the multiplier, would be 46.2 points, and that score, even with the 25% increase in prison time allowed by section 921.0016(1)(b) without giving departure reasons, does not allow the length of sentence which Williams received (41 months), we quash the sentence and remand for resentencing...

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