Florida District Courts of Appeal, 1987

Lampley v. State

Lampley v. State
Florida District Courts of Appeal · Decided March 26, 1987 · Cobb, Sharp, Upchurch
506 So. 2d 12; 12 Fla. L. Weekly 860; 1987 Fla. App. LEXIS 7388 (Southern Reporter, Second Series)

Lampley v. State

Opinion of the Court

COBB, Judge.

This is an appeal from a sentence which was excessive because of an improper departure from the guidelines. See Whitehead v. State, 498 So.2d 863 (Fla. 1986). Although the appellant has served the in-carcerative portion of his split sentence, the issue is still viable because of the length of the probationary period. Cf Crews v. State, 502 So.2d 1360 (Fla. 5th DCA 1987).

REVERSED and REMANDED for entry of a corrected sentence in conformity with the guidelines.

UPCHURCH, C.J., and SHARP, J., concur.

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