LAMBE v. STATE

No. 4D09-4255.

53 So.3d 1137 (2011)

Scott Wayne LAMBE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 2, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Tom Wm. Odom , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melynda L. Melear , Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Defendant appeals an upward departure sentence imposed after revocation of his probation. Because the trial court relied on factors not present at the time Defendant was originally sentenced, we reverse and remand for sentencing within the guidelines.

In 1993, Defendant pled guilty to trafficking in cocaine and conspiracy to traffic cocaine. These crimes occurred in 1989. Defendant was sentenced to concurrent terms of ten years probation. After...

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