Stewart v. State

SANDERLIN, Judge.

Appellant Lucious Stewart appeals his sentence following revocation of probation. We reverse and remand for resentencing.

Appellant’s presumptive sentence under the guidelines including the one-cell enhancement for probation violation provided in Florida Rule of Criminal Procedure 3.701(d)(14), was 12-30 months’ incarceration or community control. The trial court sentenced appellant to five years’ imprisonment for possession of a short-barreled rifle and a concurrent term of one year for possession of firearm with an altered serial number. At the hearing, the trial court…