Watkins v. State

Court: District Court of Appeal of Florida
Date filed: 1988-09-20
Citations: 531 So. 2d 239, 13 Fla. L. Weekly 2185, 1988 Fla. App. LEXIS 4154, 1988 WL 96904
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Lead Opinion

ON CONFESSION OF ERROR

PER CURIAM.

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.