# Brown v. State

> District Court of Appeal of Florida · October 26, 1990 · 568 So. 2d 1003

URL: https://www.frixlaw.com/law-library/cases/7586380

## Case

- **Full name:** Jeffrey BROWN, a/k/a Michael Brown, a/k/a Harlow Howell, a/k/a Carlos Howard v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** October 26, 1990
- **Citations:** 568 So. 2d 1003; 1990 Fla. App. LEXIS 8242; 1990 WL 162391
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Danahy, Hall, Scheb
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7586380

## Opinion text

PER CURIAM.
Appellant Jeffrey Brown contests the twenty-six year sentence imposed by the trial court after a finding that he had violated the terms and conditions of community control. The state concedes that the trial court departed upward from the guideline recommendation for invalid reasons. See Lambert v. State, 545 So.2d 838 (Fla.1989). Accordingly, we remand this case for resentencing within the guidelines, at which time the trial court may exercise its discretion by imposing a sentence within the next highest cell. Fla.R.Crim.P. 3.701(d)(14).
Reversed.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7586380. Public record. Not legal advice.