Kaymore v. State

Kaymore seeks reversal of his sentence which was a departure under the guidelines, thereby removing the sentence from parole consideration. The substantive offense occurred prior to the effective date of the guidelines and Kaymore did not affirmatively ask to be sentenced under the guidelines. Under these circumstances, we normally would reverse and remand for resentencing. Irving v. State, 464 So.2d 672 (Fla. 5th DCA 1985); Favors v. State, 473 So.2d 815 (Fla. 2d DCA 1985). In this case, however, the record reveals that the trial court obviously would have imposed the maximum statutory…