Banks v. State

The sentence imposed upon appellant is reversed, and we remand for resentencing in accordance with Washington v. State, 564 So.2d 168 (Fla. 5th DCA June 21, 1990). A departure sentence may not be imposed at resentencing. Pope v. State, 561 So.2d 554 (Fla.1990).

The maximum period of incarceration that may be imposed in case number 87-4283, including the one-cell bump-up for violation of probation, is 30 months. In case number 88-9627, the maximum period of incarceration that may be imposed for 3⅜ years, including the one-cell bump-up for committing the new offense while on probation for the…