Florida District Courts of Appeal, 1988

Watkins v. State

Watkins v. State
Florida District Courts of Appeal · Decided September 20, 1988 · Baskin, Hubbart, Schwartz
531 So. 2d 239; 13 Fla. L. Weekly 2185; 1988 Fla. App. LEXIS 4154; 1988 WL 96904 (Southern Reporter, Second Series)

Watkins v. State

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

As the state concedes, the trial court plainly erred in basing the instant departure sentence upon additional grounds after we held all four reasons originally assigned for departure invalid in Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986). Shull v. Dugger, 515 So.2d 748 (Fla. 1987). Accordingly, the sentence is again reversed and the cause remanded for resentencing within the guidelines.

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