Florida District Courts of Appeal, 2001

Vann v. State

Vann v. State
Florida District Courts of Appeal · Decided December 31, 2001 · Browning, Lewis, Padovano
801 So. 2d 326; 2001 Fla. App. LEXIS 18521; 2001 WL 1661634 (Southern Reporter, Second Series)
Vann v. State

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Opinion of the Court

PER CURIAM.

As the state correctly concedes, the trial court erred in 'imposing a departure sentence based on factors underlying the revocation of appellant’s probation. See Lambert v. State, 545 So.2d 838 (Fla. 1989); see also Routenberg v. State, 677 So.2d 1325 (Fla. 2d DCA 1996). Accordingly, we reverse the sentence imposed upon revocation of probation and remand for resen-tencing within the guidelines. No motion for rehearing will be entertained and the clerk is directed to issue mandate forthwith.

PADOVANO, BROWNING and LEWIS, JJ., concur.

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