Levack v. State

468 So. 2d 261, 10 Fla. L. Weekly 488, 1985 Fla. App. LEXIS 12550
District Court of Appeal of Florida·Decided February 22, 1985·No. No. 84-1624·Published

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

468 So. 2d 261 (Levack v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Rhoden
448 So. 2d 1013 (Supreme Court of Florida, 1984)
Watkins v. State
368 So. 2d 363 (District Court of Appeal of Florida, 1979)