¶1As the state correctly concedes, the trial court erred in 'imposing a departure sentence based on factors underlying the revocation of appellant’s probation. See Lambert v. State, 545 So.2d 838 (Fla.1989); see also Routenberg v. State, 677 So.2d 1325 (Fla. 2d DCA 1996). Accordingly, we reverse the sentence imposed upon revocation of probation and remand for resen-tencing within the guidelines. No motion for rehearing will be entertained and the clerk is directed to issue mandate forthwith.
801 So. 2d 326
Vann v. State
District Court of Appeal of Florida
Decided December 31, 2001
District Court of Appeal of Florida · decided 2001-12-31
Cited by 1 later decisions — most recently May 2006
1 state decisions
Relies on 545 So. 2d 838 - Lambert v. State · Stephens v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2001-12-31
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