Fonseca v. State

GODERICH, Judge.

This ease is before us on remand for reconsideration in light of Jones v. State, 559 So.2d 204 (Fla.1990).1

The defendant contends that the trial court erred in departing from the sentencing guidelines without providing written reasons, and therefore, this cause must be remanded for resentencing within the sentencing guidelines. Under the circumstances of this case and in light of Jones, we disagree.

In the instant case, the defendant was sentenced as a habitual offender. At the sentencing hearing, it is clear that the State misinformed the trial court that because of the…