Cummins v. State

COBB, Judge.

Ronald Cummins was placed on three years’ probation in October, 1985, for the offense of dealing in stolen property.1 In November, 1986, Cummins was arrested for grand theft.2 Cummins pled guilty to the grand theft charge and admitted the probation violation. The trial court, relying on Florida Rule of Criminal Procedure 3.701(d)(14), increased the sentence in each case to the next higher cell without written reasons for departure. This was error. The automatic one-cell departure of Rule 3.701(d)(14) only applies to the sentence imposed for the earlier offense for which probation…