Smith v. State

WENTWORTH, Judge.

This is an appeal from a departure sentence of twelve years incarceration imposed pursuant to a negotiated plea agreement, after this court’s invalidation of an earlier sentence for insufficiency of other reasons for exceeding guidelines, and remand for resentencing. Appellant contends the trial court erred in resentencing him based solely on the plea agreement. This court had found in the prior appeal that the referenced agreement was not a clear and convincing reason for departure from the sentencing guidelines because of an absence of record evidence of the existence and…