Alphonse McBride, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., West Palm Beach, for appellee.
DOWNEY, Judge.
From a conviction of robbery without a firearm, or other deadly weapon, appellant seeks reversal of the trial court's imposition of an aggravated sentence of fifteen years in prison.
Appellant, an admitted transvestite, was engaged in prostitution when the crime involved here was committed. He had a history of convictions for carrying a concealed firearm, robbery, and petit theft. The trial judge elected to depart from the guidelines sentence of thirty months to three and one-half years' imprisonment and sentenced appellant to fifteen years because of appellant's prior convictions, the fact that he lied at trial, and the judge's belief he would repeat his pattern of unlawful conduct.
The sole point on appeal is whether the trial court erred in departing from the sentencing guidelines and in imposing the maximum sentence allowed by law.
A sentencing court may not use prior convictions as a ground for deviation from the guidelines. Hendrix v. State,
Next, we treat the extent of the deviation from the guideline sentence. As stated above, the guideline sentence was thirty months to three and one-half years. So the sentence imposed exceeds the guideline sentence by five times. We learned from Albritton v. State,
Thus, we must reverse the sentence and remand the cause to the trial court for resentencing. If, on resentencing, the trial judge departs from the guidelines, his grounds must be put in writing. State v. Jackson,
HERSEY, C.J., and BARKETT, J., concur.
