Baez v. State

District Court of Appeal of Florida

Baez v. State

560 So. 2d 359, 1990 Fla. App. LEXIS 2910, 1990 WL 52311

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1990

DocketNo. 88-00322

StatusPublished

This text of 560 So. 2d 359 (Baez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baez v. State, 560 So. 2d 359, 1990 Fla. App. LEXIS 2910, 1990 WL 52311 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The defendant appeals an upward departure sentence. We reverse because the sentence was entered upon a revocation of her probation, and the grounds for the upward departure were factors relating to the criminal act which was the basis for the violation of probation. The trial court was not entitled to base a departure upon these grounds. Lambert v. State, 545 So.2d 838 (Fla.1989).

Reversed and remanded for resentenc-ing.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.

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PER CURIAM.

The defendant appeals an upward departure sentence. We reverse because the sentence was entered upon a revocation of her probation, and the grounds for the upward departure were factors relating to the criminal act which was the basis for the violation of probation. The trial court was not entitled to base a departure upon these grounds. Lambert v. State, 545 So.2d 838 (Fla.1989).

Reversed and remanded for resentenc-ing.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.

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560 So. 2d 359, 1990 Fla. App. LEXIS 2910, 1990 WL 52311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baez-v-state-fladistctapp-1990.

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