Baez v. State , 1990 Fla. App. LEXIS 2910 ( 1990 )

PER CURIAM.

The defendant appeals an upward departure sentence. We reverse because the sentence was entered upon a revocation of her probation, and the grounds for the upward departure were factors relating to the criminal act which was the basis for the violation of probation. The trial court was not entitled to base a departure upon these grounds. Lambert v. State, 545 So.2d 838 (Fla.1989).

Reversed and remanded for resentenc-ing.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.