Florida District Courts of Appeal, 1990

Brown v. State

Florida District Courts of Appeal · Decided October 26, 1990 · Danahy, Hall, Scheb

568 So. 2d 1003; 1990 Fla. App. LEXIS 8242; 1990 WL 162391 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Braxton v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant Jeffrey Brown contests the twenty-six year sentence imposed by the trial court after a finding that he had violated the terms and conditions of community control. The state concedes that the trial court departed upward from the guideline recommendation for invalid reasons. See Lambert v. State, 545 So.2d 838 (Fla. 1989). Accordingly, we remand this case for resentencing within the guidelines, at which time the trial court may exercise its discretion by imposing a sentence within the next highest cell. Fla.R.Crim.P. 3.701(d)(14).

Reversed.

SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.

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