Summary
In Wright, the Fifth District Court of Appeal interpreted Lambert as specifically prohibiting the trial court from considering the fact that a defendant has twice violated probation as a valid reason for departing from the guidelines.
Summary of this case from Williams v. StateOpinion
No. 89-1681.
November 30, 1989. Rehearing Denied January 9, 1990.
Appeal from the Circuit Court, Brevard County, John D. Moxley, Jr., J.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
In this case the trial court entered a departure sentence for the stated reason that the defendant had twice violated his probation. Subsequent to that sentence, the Florida Supreme Court specifically prohibited this reason for departure. Lambert v. State, 545 So.2d 838 (Fla. 1989); see also Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989).
The departure basis for the fifteen-year sentence imposed herein is invalid. Accordingly, we reverse the sentence and remand for resentencing. Cf. Shull v. Dugger, 515 So.2d 748 (Fla. 1987).
SENTENCE REVERSED.
DANIEL, C.J., and GOSHORN, J., concur.