Lott v. State

562 So. 2d 865, 1990 Fla. App. LEXIS 4565, 1990 WL 86939
District Court of Appeal of Florida·Decided June 28, 1990·No. No. 89-1870·Published

Opinion

HARRIS, Judge.

Emmitt Lott appeals his sentence entered after a plea of guilty to violation of probation. He contends that the court erred by improperly departing from the sentencing guidelines plus one cell for a [866]*866sentence for violation of probation. We agree and reverse and remand for resentencing. See Franklin v. State, 545 So.2d 851 (Fla.1989); Niehenke v. State, 561 So.2d 1218 (Fla. 5th DCA 1990). .

We REVERSE and REMAND for RE-SENTENCING.

COBB and COWART, JJ., concur.

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Lott v. State, 562 So. 2d 865, 1990 Fla. App. LEXIS 4565, 1990 WL 86939 (Fla. Ct. App. 1990).

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Related

Franklin v. State
545 So. 2d 851 (Supreme Court of Florida, 1989)
Niehenke v. State
561 So. 2d 1218 (District Court of Appeal of Florida, 1990)