Gaynor v. State

RYDER, Acting Chief Judge.

This case was previously before this court. Gaynor v. State, 505 So.2d 467 (Fla. 2d DCA 1987). We expressly held “Entry into an occupied dwelling is an essential element of [the crime charged]” and cannot be used as a reason to justify departure from the guidelines sentence. Id. at 469.

It is clear from the transcript that the trial court expressly refused to follow this court’s mandate in Gaynor. We reverse appellant’s sentence and remand with an order that the learned trial judge below resentence appellant within the guidelines.

The arguments on appeal concerning…