LIBBY v. STATE

No. 87-2336.

540 So.2d 171 (1989)

Charles Raymond LIBBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 15, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals the revocation of his probation and the departure sentence imposed. We affirm the revocation, reverse the sentence, and remand for resentencing within the guidelines recommended range.

As to the revocation of probation, we conclude there was no error in the trial court's having disallowed an opinion from defendant's psychiatrist as to whether defendant committed the lewd acts which constituted the violations of probation.

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