Sarria v. State

SCHWARTZ, Chief Judge.

In Sarria v. State, 501 So.2d 737 (Fla. 3d DCA 1987), this court reversed the appellant’s upward departure sentence upon the holding that the only ground assigned for the deviation, the victim’s emotional hardship, was unjustified. Notwithstanding this clear holding, the trial court, after our remand “for further proceedings consistent with this opinion,” Sarria, 501 So.2d at 738, took further testimony and again imposed the same departure sentence on the same announced ground of emotional damage to the victim. In the strongest terms, we disapprove of this course of…