State v. Roa

GRIMES, Justice.

We review Roa v. State, 574 So.2d 1126 (Fla. 2d DCA 1991), because of its conflict with Williams v. State, 594 So.2d 273 (Fla.1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

The history of this case is well stated in the opinion below. The court held (1) that two previous violations of probation justified an upward departure from the sentencing guidelines upon a third probation violation, and (2) that because Roa had just one previous violation, he could only be sentenced within a range which permitted a one-cell bump above the…