Brooks v. State

Full title: DAVID D. BROOKS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 14, 1991

578 So. 2d 907 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2909.

May 14, 1991.

An Appeal from the Circuit Court for Dade County; Phillip S. Davis, Judge.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi Litwin, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and LEVY, JJ.

PER CURIAM.

The state having confessed error in the trial court imposing an upward departure sentence upon a parole violation, the sentence be and the same is hereby vacated, and the matter is returned to the trial court for sentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989).

Reversed and remanded with directions.