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Florida District Courts of Appeal, 1985

Levack v. State

Levack v. State
Florida District Courts of Appeal · Decided February 22, 1985 · Campbell, Frank, Lehan
468 So. 2d 261; 10 Fla. L. Weekly 488; 1985 Fla. App. LEXIS 12550 (Southern Reporter, Second Series)

Levack v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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