Lark v. State

599 So. 2d 289, 1992 Fla. App. LEXIS 6746, 1992 WL 126565

Opinion

COBB, Judge.

After a review of the record and briefs, we can discern only one issue which requires our attention. As the defendant correctly points out, and the state conceded, an extra forty-two points were assessed on the sentencing guideline score-sheet for legal constraint. The deduction of these points alters the recommended range and the permitted range creating the appearance of a departure sentence without written reasons.

Accordingly, the judgment is affirmed and the sentence is vacated and remanded to the trial court for resentencing as a departure sentence or for resentencing within the guidelines. State v. Betancourt, 552 So.2d 1107 (Fla.1989).

AFFIRMED; SENTENCE VACATED; REMANDED.

PETERSON and GRIFFIN, JJ., concur.