Smith v. State

BARFIELD, Judge.

Again we are called upon to review a criminal sentence imposed in excess of the guidelines recommended sentence.

Appellant pled guilty to armed robbery of a convenience store. The trial court departed from the presumptive guidelines sentence of 4½ to 5¾⅞ years to impose a 15 year prison term. Six written reasons for departure were given.

The first reason for departure is identical to the first reason reviewed by this court in Battles v. State, 483 So.2d 849 (Fla. 1st DCA 1986), and is invalid for the reasons expressed in that decision.

The second reason relied on a negotiated…