Legal Opinion

Lott v. State

District Court of Appeal of Florida

Decided June 28, 1990No. 89-1870Published

1Opinion of the Court

HARRIS, Judge.

Emmitt Lott appeals his sentence entered after a plea of guilty to violation of probation. He contends that the court erred by improperly departing from the sentencing guidelines plus one cell for a *866sentence for violation of probation. We agree and reverse and remand for resentencing. See Franklin v. State, 545 So.2d 851 (Fla.1989); Niehenke v. State, 561 So.2d 1218 (Fla. 5th DCA 1990). .

We REVERSE and REMAND for RE-SENTENCING.

COBB and COWART, JJ., concur.

2Cases cited2 opinions

  1. Franklin v. StateSupreme Court of Florida · 1989
  2. Niehenke v. StateDistrict Court of Appeal of Florida · 1990