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PHANEUF v. STATE

District Court of Appeal of Florida, Fifth District.
Mar 8, 1990

GRIFFIN, Judge.

This is an appeal from a guideline departure sentence. The reasons given for departure were based on probation violations and are invalid. Lambert v. State, 545 So.2d 838 (Fla. 1989); Ree v. State, 14 F.L.W. 565, ___ So.2d ___ (Fla. Nov. 16, 1989). Accordingly, the defendant's sentence is vacated and the cause remanded for resentencing within the guidelines.

Sentence VACATED; case REMANDED for resentencing.

COBB and PETERSON, JJ., concur.