Lindsay v. State

We reverse the trial court’s summary denial of appellant’s motion for post-conviction relief and remand.

Appellant has appropriately relied upon Florida Rule of Appellate Procedure 3.850, to claim the trial court gave invalid reasons for departure. Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), rev. denied, 528 So.2d 1183 (Fla.1988); Early v. State, 516 So.2d *89324 (Fla. 3d DCA 1987); State v. Chaplin, 490 So.2d 52 (Fla.1986).

Having properly raised the departure issue, appellant validly argues that the trial court erred in departing from the sentencing guideline range on the ground that the…