O'Malley v. State

Upon finding appellant guilty of violation of his probation, the parties agreed that the appellant had a guideline score of fifty points, which placed him in the twelve to thirty months sentence range. However, the trial court felt he could elevate the sentence to the next category or grid on a violation of probation and thus sentenced appellant to two years, ten months, and nine days, with credit for time served. Appellant objected to raising the sentence to the next grid because the amendment to the rule (Florida Rule of Criminal Procedure 3.701(d)(14)) was not adopted until May 8, 1984,…