Smith v. State

PARKER, Acting Chief Judge.

Keith John Smith appeals a trial court order denying his motion to correct an illegal sentence. We reverse.

Smith was originally sentenced in 1986 for second-degree murder. The trial court departed from the sentencing guidelines of twelve to seventeen years and imposed a ninety-nine-year sentence. On appeal, this court reversed the sentence for the trial court’s failure to provide a sentencing guidelines scoresheet and written reasons for the departure. Smith v. State, 497 So.2d 730 (Fla. 2d DCA1986). Upon remand, the trial court in 1987 again departed from the…