Opinion
No. 87-2970.
September 20, 1988.
An Appeal from the Circuit Court for Dade County; Maria M. Korvick, Judge.
Bennett H. Brummer, Public Defender and Arthur Carter and John H. Lipinski, Sp. Asst. Public Defenders, for appellant.
Robert A. Butterworth, Atty. Gen. and Ralph Barreira, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
ON CONFESSION OF ERROR
As the state concedes, the trial court plainly erred in basing the instant departure sentence upon additional grounds after we held all four reasons originally assigned for departure invalid in Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986). Shull v. Dugger, 515 So.2d 748 (Fla. 1987). Accordingly, the sentence is again reversed and the cause remanded for resentencing within the guidelines.