MARCUS VANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARCUS VANN, APPELLANT,
STATE OF FLORIDA, APPELLEE
801 So. 2d 326
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
As 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 resentencing within the guidelines. No motion for rehearing will be entertained and the clerk is directed to issue mandate forthwith.
PADOVANO, BROWNING and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bush v. State, 929 So. 2d 685 (Fla. 1st DCA 2006)…ted to a probation violation cannot be used to support a departure sentence; accordingly, the trial court reversibly erred by basing his departure sentence on such factor. See Lambert v. State, 545 So. 2d 838, 842 (Fla.1989), cited in Vann v. State, 801 So. 2d 326, 326 (Fla. 1st DCA 2001). The issue concerning victim injury points is moot in light of the need for resentencing. AFFIRMED in part, REVERSED in part, and REMANDED for resentencing. WOLF and WEBSTER, JJ„ concur.…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Stephens v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996)
- Routenberg v. State, 677 So. 2d 1325 (Fla. 2d DCA 1996)