Burgess v. State

In this appeal, the sole issue to be decided is whether the trial court erred in its departure from the sentencing guidelines. We find error in the departure and therefore, we reverse and remand for resentenc-ing.

In its order, the trial court cited the following reasons for departure:

[Defendant] has failed all prior attempts at rehabilitation through [previous] sentences of jail time, probation [and] prison time [and] his criminal history reflects an inability to be rehabilitated (see Higgs v. State [455 So.2d 451] 9 F.L.W. 1895[)] [and] further indicates that he is a danger to members of the…