Opinion
No. 89-1989.
December 19, 1989.
An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.
Bennett H. Brummer, Public Defender and Harvey J. Sepler, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Monique T. Befeler, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
The judgment entered upon the revocation of Morales's probation is affirmed. The excessive departure sentence is reversed for resentencing to a term of not more than one cell above the sentence otherwise prescribed by the guidelines. Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565]; Perez v. State, 554 So.2d 14 (Fla. 3d DCA 1989).