Lampley v. State

District Court of Appeal of Florida

Decided March 26, 1987

District Court of Appeal of Florida · decided 1987-03-26

Relies on 498 So. 2d 863 - Whitehead v. State · 502 So. 2d 1360 - Senior v. State

Decided 1987-03-26

COBB, Judge.

¶1This is an appeal from a sentence which was excessive because of an improper departure from the guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986). Although the appellant has served the in-carcerative portion of his split sentence, the issue is still viable because of the length of the probationary period. Cf Crews v. State, 502 So.2d 1360 (Fla. 5th DCA 1987).

¶2REVERSED and REMANDED for entry of a corrected sentence in conformity with the guidelines.

UPCHURCH, C.J., and SHARP, J., concur.