Patterson v. State

District Court of Appeal of Florida

Patterson v. State

566 So. 2d 609, 1990 Fla. App. LEXIS 7024, 1990 WL 133810

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 1990

DocketNo. 89-2147

StatusPublished

This text of 566 So. 2d 609 (Patterson 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

Patterson v. State, 566 So. 2d 609, 1990 Fla. App. LEXIS 7024, 1990 WL 133810 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse appellant’s aggravated sentence imposed following a violation of probation. It is undisputed that the reasons given for departure from the guidelines, which consist of the grounds for violating the probation, are invalid. Lambert v. State, 545 So.2d 838 (Fla.1989). We also note that the record contains no indication that a scoresheet was prepared for, or used in, the sentencing. See State v. Paul, 537 So.2d 702 (Fla. 4th DCA 1989). Therefore, the appellant’s sentence is vacated and we remand for resentencing for a term not to exceed a one cell upward departure. Scott v. State, 549 So.2d 1385 (Fla.1989).

GLICKSTEIN, GUNTHER and STONE, JJ., concur.

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PER CURIAM.

We reverse appellant’s aggravated sentence imposed following a violation of probation. It is undisputed that the reasons given for departure from the guidelines, which consist of the grounds for violating the probation, are invalid. Lambert v. State, 545 So.2d 838 (Fla.1989). We also note that the record contains no indication that a scoresheet was prepared for, or used in, the sentencing. See State v. Paul, 537 So.2d 702 (Fla. 4th DCA 1989). Therefore, the appellant’s sentence is vacated and we remand for resentencing for a term not to exceed a one cell upward departure. Scott v. State, 549 So.2d 1385 (Fla.1989).

GLICKSTEIN, GUNTHER and STONE, JJ., concur.

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566 So. 2d 609, 1990 Fla. App. LEXIS 7024, 1990 WL 133810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-state-fladistctapp-1990.

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