512 So. 2d 304 | Fla. Dist. Ct. App. | 1987
Appellant seeks review of his conviction for armed burglary and attempted aggravated assault and his 15-year departure sentence. He raises several points on appeal. We find merit only in appellant’s contention that the trial court erred in departing from the sentencing guidelines on the basis of the state’s agreement not to seek habitual offender status in exchange for sentencing outside the guidelines. We affirm the conviction, but reverse and remand for resentencing.
Appellant was charged with one count of armed burglary of a structure, in violation of section 810.07 and 810.02(2), Florida Statutes, and aggravated assault with a deadly weapon, in violation of sec
Accordingly, we reverse the departure sentence and remand the case for resen-tencing.