Kelly v. State
District Court of Appeal of Florida
1Opinion of the Court
DELL, Judge.
We grant the Public Defender’s motion to withdraw, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and affirm appellant’s convictions. We note that the trial court departed from the presumptive sentence when it imposed a two year sentence based on the violation of probation and failed to provide written reasons for the departure. Although Florida Rule of Criminal Procedure 3.701 was amended to provide that no reason need be given for increasing the presumptive sentence under the guidelines to the next higher cell by reason of revocation of probation, the…
2Cases cited2 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Carter v. StateDistrict Court of Appeal of Florida · 1984
3Cited by1 opinion
- O'Malley v. StateDistrict Court of Appeal of Florida · 1985