District Court of Appeal of Florida December 19, 1989, No. 89-1407 (Padgett v. State)

ON CONFESSION OF ERROR

PER CURIAM.

Based on a probation violation, the trial judge imposed a departure sentence greater than a one cell upward increase beyond that prescribed by the guidelines. As the state concedes, this was erroneous. Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565]; Lambert v. State, 545 So.2d 838 (Fla.1989); Perez v. State, 554 So.2d 14 (Fla.