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Florida District Courts of Appeal, 1990

Phaneuf v. State

Phaneuf v. State
Florida District Courts of Appeal · Decided March 8, 1990 · Cobb, Griffin, Peterson
557 So. 2d 685; 1990 Fla. App. LEXIS 1372; 1990 WL 20383 (Southern Reporter, Second Series)

Phaneuf v. State

Opinion of the Court

GRIFFIN, Judge.

This is an appeal from a guideline departure sentence. The reasons given for de*686parture were based on probation violations and are invalid. Lambert v. State, 545 So.2d 838 (Fla. 1989); Ree v. State, 14 F.L.W. 565, — So.2d - (Fla. Nov. 16, 1989). Accordingly, the defendant’s sentence is vacated and the cause remanded for resentencing within the guidelines.

Sentence VACATED; case REMANDED for resentencing.

COBB and PETERSON, JJ., concur.

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