Mullins v. State

THOMPSON, Judge.

The defendant, Ricky Joe Mullins, appeals the summary denial of his 3.850 motion for post-conviction relief. He alleges that he was sentenced in derogation of the sentencing guidelines as they relate to a violation of probation. Specifically, he alleges that the trial judge exceeded the appropriate sentencing cell by improperly imposing a two-cell bump up instead of a one-cell bump up for his violation of probation. We agree and the case is reversed and remanded for resentencing.

On 9 February 1987, Mullins was resen-tenced on the charge of DUI manslaughter and was sentenced to…