
    David D. BROOKS, Appellant, v. The STATE of Florida, Appellee.
    No. 90-2909.
    District Court of Appeal of Florida, Third District.
    May 14, 1991.
    Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.
    Robert A. Butterworth, Atty. Gen., and Avi Litwin, Asst. Atty, Gen., for appellee.
    Before BARKDULL, NESBITT and LEVY, JJ.
   PER CURIAM.

The state having confessed error in the trial court imposing an upward departure sentence upon a parole violation, the sentence be and the same is hereby vacated, and the matter is returned to the trial court for sentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla.1990); Hamilton v. State, 548 So.2d 234 (Fla.1989).

Reversed and remanded with directions.  