519 So. 2d 22 | Fla. Dist. Ct. App. | 1987
Moore was convicted of robbery, burglary and battery and given an upward departure sentence of ten years. The judgment and sentence were affirmed in Moore v. State, 468 So.2d 1081 (Fla. 3d DCA 1985), but on habeas corpus we vacated the robbery conviction and sentence. Moore v. Dugger, 504 So.2d 493 (Fla. 3d DCA 1987). After remand, the trial court merely set aside the robbery adjudication and sentence and noted, without benefit of a new guidelines scoresheet, that the ten-year sentence, now imposed only for burglary (with a concurrent one-year sentence for battery), remained unchanged. This was error. It is well-settled that a trial court may not devi
Because it has been indicated that Moore has already been in prison longer than the recommended guidelines sentence, we dispense with rehearing, direct the immediate issuance of our mandate, and order that the resentencing hearing required by this opinion be conducted forthwith upon remand.
Reversed and remanded with directions.