
    Arthur Leroy LARK, Appellant, v. STATE of Florida, Appellee.
    No. 91-2206.
    District Court of Appeal of Florida, Fifth District.
    June 12, 1992.
    James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Day-tona Beach, for appellant.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
   COBB, Judge.

After a review of the record and briefs, we can discern only one issue which requires our attention. As the defendant correctly points out, and the state conceded, an extra forty-two points were assessed on the sentencing guideline score-sheet for legal constraint. The deduction of these points alters the recommended range and the permitted range creating the appearance of a departure sentence without written reasons.

Accordingly, the judgment is affirmed and the sentence is vacated and remanded to the trial court for resentencing as a departure sentence or for resentencing within the guidelines. State v. Betancourt, 552 So.2d 1107 (Fla.1989).

AFFIRMED; SENTENCE VACATED; REMANDED.

PETERSON and GRIFFIN, JJ., concur.  