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Florida District Courts of Appeal, 1991

Brooks v. State

Brooks v. State
Florida District Courts of Appeal · Decided May 14, 1991 · Barkdull, Levy, Nesbitt
578 So. 2d 907; 1991 Fla. App. LEXIS 4904; 1991 WL 76253 (Southern Reporter, Second Series)

Brooks v. State

Opinion of the Court

PER CURIAM.

The state having confessed error in the trial court imposing an upward departure sentence upon a parole violation, the sentence be and the same is hereby vacated, and the matter is returned to the trial court for sentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989).

Reversed and remanded with directions.

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