Opinion
No. 89-1407.
December 19, 1989.
An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.
Bennett H. Brummer, Public Defender and Robert Burke, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Monique T. Befeler, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
ON CONFESSION OF ERROR
Based on a probation violation, the trial judge imposed a departure sentence greater than a one cell upward increase beyond that prescribed by the guidelines. As the state concedes, this was erroneous. Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565]; Lambert v. State, 545 So.2d 838 (Fla. 1989); Perez v. State, 554 So.2d 14 (Fla.3d DCA 1989). Accordingly, the sentence under review is reversed with directions to resentence the defendant, pursuant to Florida Rule of Criminal Procedure 3.701 d 14, to no more than one cell above that otherwise provided by the sentencing guidelines.