Brown v. State

Full title: ROBERT BROWN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Feb 12, 1991

573 So. 2d 1070 (Fla. Dist. Ct. App. 1991)

Opinion

Nos. 90-2014, 90-2015.

February 12, 1991.

An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.

PER CURIAM.

Upon this court's review of the record and the state's confession of error, we vacate the departure sentence entered against the defendant on the basis of Ree v. State, 565 So.2d 1329 (Fla. 1990), and Lambert v. State, 545 So.2d 838 (Fla. 1989), and remand the case for proper sentencing within the guidelines.