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MONTGOMERY v. STATE

No. 86-1887.

521 So.2d 298 (1988)

Kyle MONTGOMERY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 8, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Karen M. Gottlieb and N. Joseph Durant, Jr., Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen. and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

PER CURIAM.

In this appeal from a judgment and sentence beyond the guidelines entered upon a revocation of probation, we find no error in the finding that Montgomery was in violation of his probation. The order revoking probation and resulting conviction are therefore affirmed. The departure sentence, however, is flawed both in the procedure through which it was imposed, Barbera v. State, 505 So.2d 413 (Fla. 1987), and by...

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