Bee v. State

SCHEB, Acting Chief Judge.

Defendant Karen Bee appeals her judgment and sentence for grand theft. She contends the trial court erred in departing from the recommended range under the sentencing guidelines without clear and convincing reasons. We agree.

On March 11,1986, defendant pled guilty to two charges of grand theft in the second degree and was placed on probation for three years. On June 13, 1986, defendant was charged with violating her probation by committing acts of lewd and lascivious behavior in the presence of a child, a felony *62of the second degree. § 800.04, Fla.Stat. (1985). The…