Perez v. State

Dec 12, 1989
88-2993
Reporters:
,
Before:
Schwartz, Hubbart, Gersten (per curiam)

PER CURIAM.

Based on a community control violation, the trial court imposed a departure sentence greater than the one cell upward increase in the guidelines provided by Florida Rule of Criminal Procedure 3.701 d 14. See Lambert v. State, 545 So.2d 838 (Fla. 1989). Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565] conclusively establishes that such a deviation is impermissible in all circumstances. See also Ferguson v. State, 550 So.2d 1176 (Fla. 3d DCA 1989), and cases cited. Accordingly, the sentence under review is reversed with directions to resentence the defendant pursuant to Rule 3.701 d 14.