Opinion
No. 87-2731.
December 20, 1988.
An appeal from the Circuit Court for Dade County; Alfonso C. Sepe, Judge.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.
Before HUBBART and FERGUSON, JJ., and ROBERT C. SCOTT, Associate Judge.
The revocation of appellant's probation is affirmed. However, as conceded by the state, the departure sentence was the result of improper scoring of probation violations. Accordingly, the sentence is reversed and the cause is remanded for sentencing within the guidelines.
AFFIRMED IN PART AND REVERSED IN PART.