Libby v. State

LEHAN, Judge.

Defendant appeals the revocation of his probation and the departure sentence imposed. We affirm the revocation, reverse the sentence, and remand for resentencing within the guidelines recommended range.

As to the revocation of probation, we conclude there was no error in the trial court’s having disallowed an opinion from defendant’s psychiatrist as to whether defendant committed the lewd acts which constituted the violations of probation. See Farley v. State, 324 So.2d 662 (Fla. 4th DCA 1975); Gibbs v. State, 193 So.2d 460, 463 (Fla. 2d DCA 1967).

As to the sentence, the trial…