Levack v. State

District Court of Appeal of Florida

Decided February 22, 1985

District Court of Appeal of Florida · decided 1985-02-22

Relies on 448 So. 2d 1013 - State v. Rhoden · 368 So. 2d 363 - Watkins v. State

Decided 1985-02-22

PER CURIAM.

¶1We affirm the revocation of defendant’s probation. See Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). However, we reverse and remand for resentencing.

¶2The sentence imposed exceeded the maximum sentencing guidelines range, and no reasons were given for departure from the guidelines. See Fla.R.Crim.Pro. 3.701(d)(10). Defendant’s failure to object on this ground in the trial court does not preclude our review. See Rhoden v. State, 448 So.2d 1013 (Fla.1984).

¶3Reversed and remanded for resentenc-ing.

CAMPBELL, A.C.J., and LEHAN and FRANK, JJ., concur.