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228 So. 3d 150

Calixte v. State

District Court of Appeal of Florida

Decided October 18, 2017

District Court of Appeal of Florida · decided 2017-10-18

Relies on 561 So. 2d 554 - Pope v. State · 473 So. 2d 703 - Boynton v. State · 478 So. 2d 351 - State v. Schmidt

Decided 2017-10-18

¶1CONCESSION OF ERROR

Per Curiam.

¶2On appeal, Appellant argues the trial court erred by imposing an upward departure sentence without articulating any grounds to justify the departure at re-sentencing. Based on the State’s proper concession of error, we agree that the trial court erred by not articulating any findings to. support departure from .the permitted deviated sentence range as recommended by the original sentencing guidelines. See Bryant v. State, 148 So.3d 1251, 1256 (Fla. 2014) (citing Pope v. State, 561 So.2d 554, 555 (Fla. 1990)); Boynton v. State, 473 So.2d 703, 704 (Fla. 4th DCA 1985), approved, 478 So.2d 351 (Fla. 1985). Accordingly, we reverse and remand for resentencing.

¶3Reversed and Remanded.

Ciklin, Conner'And Klingensmith, JJ., concur.
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