Watkins v. State

District Court of Appeal of Florida

Decided September 20, 1988

District Court of Appeal of Florida · decided 1988-09-20

Relies on 515 So. 2d 748 - Shull v. Dugger · 498 So. 2d 576 - Watkins v. State

Decided 1988-09-20

¶1ON CONFESSION OF ERROR

PER CURIAM.

¶2As the state concedes, the trial court plainly erred in basing the instant departure sentence upon additional grounds after we held all four reasons originally assigned for departure invalid in Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986). Shull v. Dugger, 515 So.2d 748 (Fla.1987). Accordingly, the sentence is again reversed and the cause remanded for resentencing within the guidelines.