Hardy v. State

Full title: WAYNE MARION HARDY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: May 17, 1991

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

Opinion

No. 90-01191.

May 17, 1991.

An Appeal from the Circuit Court for Bay County; Clinton Foster, Judge.

Nancy Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a judgment and sentence for violation of probation. Appellant argues, and the State concedes, that the trial court erred in imposing a nine-cell upward departure sentence for violation of probation. Lambert v. State, 545 So.2d 838, 842 (Fla. 1989); Sellers v. State, 563 So.2d 214, 215 (Fla. 1st DCA 1990); Teer v. State, 557 So.2d 910, 911 (Fla. 1st DCA 1990). We therefore reverse the departure sentence and remand for resentencing with a permissible one-cell increase for probation violation.

BOOTH, ZEHMER and WOLF, JJ., concur.