Benner v. State

The appellant appeals her sentence of forty-five years imprisonment imposed as the result of revocation of her probation. The original guidelines scoresheet placed the appellant in the twelve to thirty months in prison or community control cell.

On revocation of probation, the trial court in sentencing the appellant departed upward more than one cell based on the appellant’s having had multiple violations of probation. Subsequently, the Florida Supreme Court held that multiple violations of probation are not a proper reason for a guidelines departure. Williams v. State, 594 So.2d 284…