Lott v. State

Full title: EMMITT LOTT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 28, 1990

562 So. 2d 865 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1870.

June 28, 1990.

Appeal from the Circuit Court for Volusia County, Robert P. Miller, Judge.

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.

HARRIS, Judge.

Emmitt Lott appeals his sentence entered after a plea of guilty to violation of probation. He contends that the court erred by improperly departing from the sentencing guidelines plus one cell for a sentence for violation of probation. We agree and reverse and remand for resentencing. See Franklin v. State, 545 So.2d 851 (Fla. 1989); Niehenke v. State, 561 So.2d 1218 (Fla. 5th DCA 1990).

We REVERSE and REMAND for RESENTENCING.

COBB and COWART, JJ., concur.