Porter v. State

WIGGINTON, Judge.

Appellant appeals his departure sentences which exceed the one-cell increase allowed by Florida Rule of Criminal Procedure 3.701(d)(14) for violation of probation or community control. We reverse his sentences and remand for resentencing within the one-cell increase.

In his sentencing departure order, the trial judge related that appellant has an extensive recent history of probation and community control violations, some of which include commission of other crimes, thus indicating that he is not responding to alternative treatment programs and is not amenable to…