Bush v. State

In this direct criminal appeal, the appellant challenges the sentence imposed upon resentencing following our decision in Bush v. State, 929 So.2d 685 (Fla. 1st DCA 2006), by which we reversed the appellant’s original sentence and remanded the case to the trial court for resentencing *549under the 1994 sentencing guidelines. Because the upward departure sentence imposed upon resentencing was impermissible under Shull v. Dugger, 515 So.2d 748 (Fla.1987) (holding that a trial court may not impose a new departure sentence after the reasons for the original departure sentence have been reversed by an…