No. 90-02677 | Fla. Dist. Ct. App. | Oct 11, 1991
The appellant, George Taylor, seeks reversal of a departure sentence imposed upon him after this court previously reversed an earlier sentence for failure to prepare a written scoresheet. See Taylor v. State, 563 So. 2d 822" date_filed="1990-07-06" court="Fla. Dist. Ct. App." case_name="Taylor v. State">563 So.2d 822 (Fla. 2d DCA 1990). In the instant appeal Taylor claims that the trial court violated the principles of Pope v. State, 561 So. 2d 554" date_filed="1990-04-26" court="Fla." case_name="Pope v. State">561 So.2d 554 (FLa.1990), in imposing a departure sentence. We agree and reverse because the trial court was foreclosed from departing from the guidelines upon our remand in Taylor’s first appeal. Pope; see also Day v. State, 573 So. 2d 1022" date_filed="1991-02-01" court="Fla. Dist. Ct. App." case_name="Day v. State">573 So.2d 1022 (Fla. 2d DCA 1991).
Reversed and remanded with directions to impose a guidelines sentence.