WAYNE MARION HARDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1991-05-17
No. 90-01191
BOOTH, ZEHMER and WOLF, JJ., concur.
586 So. 2d 1070 Florida District Court of Appeal, First District (1991)

Opinion of the Court
PER CURIAM.

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.


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