Florida District Courts of Appeal, 1991

Hardy v. State

Hardy v. State
Florida District Courts of Appeal · Decided May 17, 1991 · Booth, Wolf, Zehmer
586 So. 2d 1070; 1991 Fla. App. LEXIS 4598; 1991 WL 80916 (Southern Reporter, Second Series)

Hardy v. State

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from a judgment and sentence for violation of probation. Appellant argues, and the State concedes, that the trial court erred in imposing a nine-cell upward departure sentence for violation of probation. Lambert v. State, 545 So.2d 838, 842 (Fla. 1989); Sellers v. State, 563 So.2d 214, 215 (Fla. 1st DCA 1990); Teer v. State, 557 So.2d 910, *1071911 (Fla. 1st DCA 1990). We therefore reverse the departure sentence and remand for resentencing with a permissible one-cell increase for probation violation.

BOOTH, ZEHMER and WOLF, JJ., concur.

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