Diaz v. State

FRANK, Chief Judge.

Luis Diaz, convicted of armed burglary, accompanied by an assault or battery, armed kidnapping for ransom, armed robbery, and aggravated child abuse, has appealed from the sentences imposed for his criminal conduct. We reverse and remand for resentenc-ing.

First, the trial court departed from the recommended sentence without providing contemporaneous written reasons for departure. Therefore, on remand, Diaz must be resenteneed within the guidelines.

Second, the trial court imposed consecutive three-year minimum mandatory terms for the use of a firearm in both the armed…