Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RICKY WIGGINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

W. SHARP, Judge.

We affirm Wiggins' adjudication of guilt for attempted armed robbery. However, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So.2d 851 (Fla. 1989), and Lambert v. State, 545 So.2d 838 (Fla. 1989).

§§ 812.13(1), 777.04(1), Fla. Stat. (1987).

The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 3.988), 522 So.2d 374 (Fla. 1988). However, the amendment took effect after the offenses in this case were committed. Thus, we remand for resentencing within the one-cell bump-up permitted range.

AFFIRMED in part; sentences QUASHED; REMANDED.

HARRIS and PETERSON, JJ., concur.

Use AI to get other relevant cases.

Comments

WIGGINS v. STATE
(Mar 22, 1990)