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568 So. 2d 1003

Brown v. State

District Court of Appeal of Florida

Decided October 26, 1990

District Court of Appeal of Florida · decided 1990-10-26

Cited by 5 later decisions — most recently January 2012

5 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1990-10-26

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PER CURIAM.

¶1Appellant Jeffrey Brown contests the twenty-six year sentence imposed by the trial court after a finding that he had violated the terms and conditions of community control. The state concedes that the trial court departed upward from the guideline recommendation for invalid reasons. See Lambert v. State, 545 So.2d 838 (Fla.1989). Accordingly, we remand this case for resentencing within the guidelines, at which time the trial court may exercise its discretion by imposing a sentence within the next highest cell. Fla.R.Crim.P. 3.701(d)(14).

¶2Reversed.

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