Opinion
Case No. 1D01-2826
Opinion filed December 31, 2001.
An appeal from an order of the Circuit Court for Bay County. Don T. Sirmons, Judge.
Nancy Daniels, Public Defender, and Anne H. Dunlap, Assistant Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for appellee.
As the state correctly concedes, the trial court erred in imposing a departure sentence based on factors underlying the revocation of appellant's probation. See Lambert v. State, 545 So.2d 838 (Fla. 1989);see also Routenberg v. State, 677 So.2d 1325 (Fla. 2d DCA 1996). Accordingly, we reverse the sentence imposed upon revocation of probation and remand for resentencing within the guidelines. No motion for rehearing will be entertained and the clerk is directed to issue mandate forthwith.
PADOVANO, BROWNING and LEWIS, JJ., concur.