Summary
reversing the defendant's departure sentence due to the trial court's failure to provide reasons for departure and remanding "for resentencing within the guidelines, with no possibility of departure there-from"
Summary of this case from State v. DunnOpinion
No. 92-2350.
August 12, 1993.
Appeal from the Circuit Court, Alachua County, Robert P. Cates, J.
Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.
The sentence imposed against the appellant is a departure sentence. Henderson v. State, 596 So.2d 774 (Fla. 1st DCA 1992), review denied, 602 So.2d 941 (Fla. 1992); Henderson v. State, 577 So.2d 653 (Fla. 1st DCA 1991), review denied, 589 So.2d 291 (Fla. 1991); Robinson v. State, 520 So.2d 1 (Fla. 1988). No reasons for departure were provided. Accordingly, we VACATE the sentence and REMAND for resentencing within the guidelines, with no possibility of departure therefrom. Pope v. State, 561 So.2d 554 (Fla. 1990). The trial court is directed to give the appellant credit for all time served as of the date of final resentencing. See Brown v. State, 584 So.2d 209 (Fla. 1st DCA 1991).
ZEHMER, C.J., and BARFIELD and MICKLE, JJ., concur.