Horton v. Crosby

Larry Horton seeks a ■writ of habeas corpus.1 We grant the writ because the trial court’s reason for its departure from the sentencing guidelines is invalid.

In 1985, respondent State of Florida charged Horton with two counts of lewd and lascivious conduct in case number CFM85-165. Horton pled guilty to one of these counts.2 The trial court withheld adjudication and placed Horton under community control for two years followed by five years of probation.

On July 13, 1988, Horton was arrested on an unrelated matter in Broward County. He subsequently pled guilty to four counts of lewd and…