Florida District Courts of Appeal, 1990

Patterson v. State

Patterson v. State
Florida District Courts of Appeal · Decided September 19, 1990 · Glickstein, Gunther, Stone
566 So. 2d 609; 1990 Fla. App. LEXIS 7024; 1990 WL 133810 (Southern Reporter, Second Series)

Patterson v. State

Opinion of the Court

PER CURIAM.

We reverse appellant’s aggravated sentence imposed following a violation of probation. It is undisputed that the reasons given for departure from the guidelines, which consist of the grounds for violating the probation, are invalid. Lambert v. State, 545 So.2d 838 (Fla. 1989). We also note that the record contains no indication that a scoresheet was prepared for, or used in, the sentencing. See State v. Paul, 537 So.2d 702 (Fla. 4th DCA 1989). Therefore, the appellant’s sentence is vacated and we remand for resentencing for a term not to exceed a one cell upward departure. Scott v. State, 549 So.2d 1385 (Fla. 1989).

GLICKSTEIN, GUNTHER and STONE, JJ., concur.

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