Opinion
No. 88-00322.
April 27, 1990.
Appeal from the Circuit Court for Hillsborough County, Harry Lee Coe, III, J.
James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.
The defendant appeals an upward departure sentence. We reverse because the sentence was entered upon a revocation of her probation, and the grounds for the upward departure were factors relating to the criminal act which was the basis for the violation of probation. The trial court was not entitled to base a departure upon these grounds. Lambert v. State, 545 So.2d 838 (Fla. 1989).
Reversed and remanded for resentencing.
DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.