Roa v. State

PARKER, Judge.

Mario Roa appeals the trial court’s revocation of his probation and community control and the trial court’s sentence exceeding the sentencing guidelines. We affirm the revocation of probation and community control but reverse the departure sentence.

Roa’s original sentences for burglary, aggravated battery, and two counts of grand theft in the second degree exceeded the sentencing guidelines. Upon appeal to this court, we reversed the sentences and directed the trial court to resentence Roa within the guidelines. See Roa v. State, 512 So.2d 1091 (Fla. 2d DCA 1987). On…