Eldridge v. State

We review Eldridge v. State, 531 So.2d 741 (Fla. 5th DCA 1988), because of conflict with Tuthill v. State, 518 So.2d 1300 (Fla. 3d DCA 1987). Art. V, § 3(b)(3), Fla. Const.

In this case the defendant was convicted of lewd assault and placed on probation. Thereafter, his probation was revoked upon a finding that he had committed a second lewd assault upon the same victim. The defendant was given a departure sentence based upon the new assault even though he was not convicted of that offense. Consistent with Young v. State, 519 So.2d 719 (Fla. 5th DCA 1988), and Lambert v. State, 517 So.2d 133…