Levack v. State

District Court of Appeal of Florida

Levack v. State

468 So. 2d 261, 10 Fla. L. Weekly 488, 1985 Fla. App. LEXIS 12550

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 1985

DocketNo. 84-1624

StatusPublished

This text of 468 So. 2d 261 (Levack 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.

Bluebook

Levack v. State, 468 So. 2d 261, 10 Fla. L. Weekly 488, 1985 Fla. App. LEXIS 12550 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

We affirm the revocation of defendant’s probation. See Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). However, we reverse and remand for resentencing.

The sentence imposed exceeded the maximum sentencing guidelines range, and no reasons were given for departure from the guidelines. See Fla.R.Crim.Pro. 3.701(d)(10). Defendant’s failure to object on this ground in the trial court does not preclude our review. See Rhoden v. State, 448 So.2d 1013 (Fla.1984).

Reversed and remanded for resentenc-ing.

CAMPBELL, A.C.J., and LEHAN and FRANK, JJ., concur.

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