Stubbs v. State

Appellant appeals from a 30-month sentence for possession of more than five grams of cannabis. He contends that the trial court erred in relying on Rule 3.701(d)(14), Florida Rules of Criminal Procedure, to elevate his sentence to the next higher guidelines cell without providing a reason for departure.1

On September 18,1979, appellant entered a guilty plea to the offense of possession of more than five grams of cannabis and was placed on five years of probation. On April 13, 1984, his probation was revoked, and appellant elected to be sentenced under the sentencing guidelines. Although the…