Legal Opinion

Wiggins v. State

District Court of Appeal of Florida

Decided March 22, 1990No. 89-841PublishedCited by 4 opinions

1Opinion of the Court

W. SHARP, Judge.

We affirm Wiggins' adjudication of guilt for attempted armed robbery.1 How*263ever, we quash the sentence imposed after his probation was revoked because it exceeds the one-cell bump-up permitted, and no written departure reasons were given. Franklin v. State, 545 So.2d 851 (Fla.1989), and Lambert v. State, 545 So.2d 838 (Fla.1989).

The trial court may have thought it was not imposing a departure sentence because a recent guidelines amendment would have permitted a sentence of three and one-half years in prison. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules…

2Cases cited3 opinions

  1. Lambert v. StateSupreme Court of Florida · 1989
  2. Franklin v. StateSupreme Court of Florida · 1989
  3. Florida Rules of Criminal Procedure Re: Sentencing GuidelinesSupreme Court of Florida · 1988

3Cited by4 opinions

  1. Washington v. StateDistrict Court of Appeal of Florida · 1990
  2. Furlow v. StateSupreme Court of Florida · 1991
  3. Lape v. StateDistrict Court of Appeal of Florida · 1990
  4. Washington v. StateDistrict Court of Appeal of Florida · 1990

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