Vann v. State

801 So. 2d 326, 2001 Fla. App. LEXIS 18521, 2001 WL 1661634
District Court of Appeal of Florida·Decided December 31, 2001·No. No. 1D01-2826·Published·Cited by 1 cases

Opinion

PER CURIAM.

As the state correctly concedes, the trial court erred in 'imposing a departure sentence based on factors underlying the revocation of appellant’s probation. See Lambert v. State, 545 So.2d 838 (Fla.1989); see also Routenberg v. State, 677 So.2d 1325 (Fla. 2d DCA 1996). Accordingly, we reverse the sentence imposed upon revocation of probation and remand for resen-tencing within the guidelines. No motion for rehearing will be entertained and the clerk is directed to issue mandate forthwith.

PADOVANO, BROWNING and LEWIS, JJ., concur.

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Vann v. State, 801 So. 2d 326, 2001 Fla. App. LEXIS 18521, 2001 WL 1661634 (Fla. Ct. App. 2001).

801 So. 2d 326 (Vann v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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