Legal Opinion

James v. State

District Court of Appeal of Florida

Decided May 8, 1992No. 91-00819Published

1Opinion of the Court

DANAHY, Acting Chief Judge.

On a 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 in this case. 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 (Fla.1992). Williams also held, however, that “where there are multiple violations of probation, the sentence may be successively bumped to one higher cell for each violation.” Therefore, the sentence in this case…

2Cases cited2 opinions

  1. O'KEEFE v. StateDistrict Court of Appeal of Florida · 1992
  2. Williams v. StateSupreme Court of Florida · 1992

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