Hopkins v. State

This is a sentencing guidelines-departure appeal brought by the defendant James Leroy Hopkins. Following our reversal of a previously imposed habitual offender sentence in this case, Hopkins v. State, 463 So.2d 521 (Fla. 3d DCA 1985), the defendant was resentenced to concurrent five-years and ten-years imprisonment respectively for the crimes of trespass with a deadly weapon and aggravated assault. The presumptive sentencing guidelines range in this case was four-and-a-half to five-and-a-half years imprisonment.

We again reverse the sentence imposed on the defendant because, by the state’s own…