Knight v. State, 90-89

• Citation: 579 So.2d 916
• Decision Date: 30 May 1991
• Docket Number: No. 90-89,90-89
• Parties: Leola A. KNIGHT, Appellant, v. STATE of Florida, Appellee. 579 So.2d 916, 16 Fla. L. Week. D1474
• Court: Court of Appeal of Florida (US)

Page 916

579 So.2d 916

Leola A. KNIGHT, Appellant, v. STATE of Florida, Appellee.

No. 90-89.

579 So.2d 916, 16 Fla. L. Week. D1474

District Court of Appeal of Florida,

First District.

May 30, 1991.

An Appeal from an order of the Circuit Court for Hamilton County; John W. Peach, Judge.

Donald K. Rudser, Jasper, for appellant.

Gypsy Bailey, Asst. Atty. Gen., Tallahassee, and Charles T. Faircloth, Jr., Legal Intern, for appellee.

PER CURIAM.

Appellant seeks review of a sentence imposed upon a finding that appellant had violated certain conditions of her probation. Appellee concedes that the sentence exceeded the one-cell guidelines increase authorized by Maxwell v. State, 576 So.2d 367 (Fla. 1st DCA 1991) and Sanders v. State, 560 So.2d 298 (Fla. 1st DCA 1990). Accordingly, we vacate the departure sentence imposed by the trial court, and remand for resentencing within the guidelines range one-cell increase. As in Maxwell, we certify direct conflict with Williams v. State, 568 So.2d 1276 (Fla. 2d DCA 1990) and Brown v. State, 559 So.2d 412 (Fla. 2d DCA 1990).

SMITH, NIMMONS and MINER, JJ., concur.