Baez v. State
Baez v. State
560 So. 2d 359; 1990 Fla. App. LEXIS 2910; 1990 WL 52311
(Southern Reporter, Second Series)
Baez v. State
Opinion of the Court
The defendant appeals an upward departure sentence. We reverse because the sentence was entered upon a revocation of her probation, and the grounds for the upward departure were factors relating to the criminal act which was the basis for the violation of probation. The trial court was not entitled to base a departure upon these grounds. Lambert v. State, 545 So.2d 838 (Fla. 1989).
Reversed and remanded for resentenc-ing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.