Barry v. State

The appellant, John Henry Barry, challenges the trial court’s resentencing. We find that the trial court erred in departing from the sentencing guidelines and, accordingly, reverse and remand for another resen-tencing.

The appellant was originally adjudicated guilty and sentenced as follows: violation of the Florida Racketeering Influenced and Corrupt Organization Act (count I), thirty years in prison; trafficking in cocaine (count AO, fifteen years in prison concurrent with count I (minimum mandatory fifteen years); trafficking in cocaine (count VII), fifteen years in prison consecutive to…