Taylor v. State

I believe the trial court should not be precluded, on resentencing, from departing from the guidelines sentence if the court gives valid written reasons therefor.

In my view, this court in Reid v. State, 531 So.2d 211 (Fla. 1st DCA 1988), construed too broadly the Supreme Court’s holding in Shull v. Dugger, 515 So.2d 748 (Fla.1987). In Reid, this court said:

The trial court did not give any reasons for departure initially. Thus, it may not do so on remand. Shull v. Dugger, 515 So.2d 748 (Fla.1987).

531 So.2d at 212.

Reliance upon Shull by the Reid panel was misplaced, however. In Shull, the…