Phaneuf v. State

Full title: WALLACE EDWARD PHANEUF, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 8, 1990

557 So. 2d 685 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-66.

March 8, 1990.

Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

GRIFFIN, Judge.

This is an appeal from a guideline departure sentence. The reasons given for departure were based on probation violations and are invalid. Lambert v. State, 545 So.2d 838 (Fla. 1989); Ree v. State, 14 F.L.W. 565, ___ So.2d ___ (Fla. Nov. 16, 1989). Accordingly, the defendant's sentence is vacated and the cause remanded for resentencing within the guidelines.

Sentence VACATED; case REMANDED for resentencing.

COBB and PETERSON, JJ., concur.