Korynes v. State

After admitting that he had violated probation, appellant Robert Korynes was sentenced to twenty years in prison followed by five years probation. The sentence exceeds by several “cells” that recommended under sentencing guidelines. As justification for the departure sentence, the trial court cited appellant’s numerous prior violations of probation. Appellant now argues, and the state concedes, that this was improper. Williams v. State, 594 So.2d 273 (Fla.1992). Accordingly, we remand this case for resentencing.

We note that the trial court may “bump” the recommended sentence by one cell for…