JOHN PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN PATTERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
566 So. 2d 609
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse appellant’s aggravated sentence imposed following a violation of probation. It is undisputed that the reasons given for departure from the guidelines, which consist of the grounds for violating the probation, are invalid. Lambert v. State, 545 So. 2d 838 (Fla.1989). We also note that the record contains no indication that a scoresheet was prepared for, or used in, the sentencing. See State v. Paul, 537 So. 2d 702 (Fla. 4th DCA 1989). Therefore, the appellant’s sentence is vacated and we remand for resentencing for a term not to exceed a one cell upward departure. Scott v. State, 549 So. 2d 1385 (Fla.1989).
GLICKSTEIN, GUNTHER and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Genero Muniz Vara v. State, 575 So. 2d 306 (Fla. 2d DCA 1991)…he absence of written departure grounds, Poye v. Stateu 561 So. 2d 554 (Fla.1990) requires this court to remand this case for resentencing within the sentencing guidelines. See also Day v. State, 573 So. 2d 1022 (Fla. 2d DCA 1991); Johnson v. State, 566 So. 2d 609 (Fla. 4th DCA 1990). Reversed and remanded for resentencing within the sentencing guidelines. SCHEB, A.C.J., and THREADGILL, J., concur.…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Scott v. State, 549 So. 2d 1385 (Fla. 1989)
- JIM Walter Doors OF Brevard, Inc. v. John Lindsey, Inc., 537 So. 2d 702 (Fla. 4th DCA 1989)
- State v. Paul, 537 So. 2d 702 (Fla. 4th DCA 1989)