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Florida District Courts of Appeal, 1990

Lott v. State

Lott v. State
Florida District Courts of Appeal · Decided June 28, 1990 · Cobb, Cowart, Harris
562 So. 2d 865; 1990 Fla. App. LEXIS 4565; 1990 WL 86939 (Southern Reporter, Second Series)

Lott v. State

Opinion of the Court

HARRIS, Judge.

Emmitt Lott appeals his sentence entered after a plea of guilty to violation of probation. He contends that the court erred by improperly departing from the sentencing guidelines plus one cell for a *866sentence for violation of probation. We agree and reverse and remand for resentencing. See Franklin v. State, 545 So.2d 851 (Fla. 1989); Niehenke v. State, 561 So.2d 1218 (Fla. 5th DCA 1990). .

We REVERSE and REMAND for RE-SENTENCING.

COBB and COWART, JJ., concur.

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