Evans v. State

Derrick Evans appeals an upward departure sentence imposed after violation of probation. Although the upward departure sentence was permissible in 1987 when this sentence was imposed, State v. Pentaude, 500 So.2d 526 (Fla.1987), the Florida Supreme Court receded from that decision in Lambert v. State, 545 So.2d 838, 842 (Fla.1989); see also Ree v. State, 565 So.2d 1329, 1331 (Fla.1989). As the present proceeding is a direct, albeit belated, appeal, defendant is entitled to decision in accordance with Lambert and Ree. See Junco v. State, 510 So.2d 909, 913-14 (Fla. 3d DCA), review denied, 518…