Hollingsworth v. State

CASANUEVA, Judge.

Larry L. Hollingsworth appeals his upward departure sentence imposed upon re*771mand from a reversal of his original sentence in Hollingsworth v. State, 802 So.2d 1210 (Fla. 2d DCA 2002). We again reverse.

At the reconvened sentencing hearing following the mandate from this court reversing Mr. Hollingsworth’s habitual offender sentence, the State sought an upward departure from the guidelines recommendation. Defense counsel on remand had not represented Mr. Hollings-worth at his original trial and told the court that she was unprepared to argue in mitigation because the prosecutor…