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560 So. 2d 359

Baez v. State

District Court of Appeal of Florida · decided 1990-04-27

Relies on 545 So. 2d 838 - Lambert v. State

Decided 1990-04-27

PER CURIAM.

¶1The defendant appeals an upward departure sentence. We reverse because the sentence was entered upon a revocation of her probation, and the grounds for the upward departure were factors relating to the criminal act which was the basis for the violation of probation. The trial court was not entitled to base a departure upon these grounds. Lambert v. State, 545 So.2d 838 (Fla.1989).

¶2Reversed and remanded for resentenc-ing.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.
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