DANIEL BOSCA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2011-02-02
No. 4D09-1946
POLEN, CIKLIN and LEVINE, JJ„ concur.
53 So. 3d 1137 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See State v. Kelly, 999 So.2d 1029 (Fla.2008).

POLEN, CIKLIN and LEVINE, JJ„ concur.


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    …oper contact with children following his release on probation.” This was improper. “[FJactors related to violation of probation ... cannot be used as grounds for departure.” Lambert v. State, 545 So. 2d 838, 842 (Fla.1989); see also Lambe v. State, 53 So. 3d 1137, 1139 (Fla. 4th DCA 2011); Shores v. State, 15 So. 3d 697, 700 (Fla. 1st DCA 2009) (“There[] is .... a prohibition against basing a departure sentence on conduct occurring after a criminal offense, when resentencing for the offense after a probation…
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    …PER CURIAM. Affirmed. See Lambe v. State, 53 So. 3d 1137 (Fla. 4th DCA 2011). POLEN, GROSS and LEVINE, JJ., concur.…

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