Sanders v. State

PATTERSON, Judge.

Johnny Sanders appeals from his departure sentence for possession of heroin with intent to sell, possession of cocaine with intent to sell, and possession of cannabis. He correctly argues that the trial court’s reasons for departure, which focus on Sanders’ prior record, are invalid. In its written reasons, the trial court stated that the “defendant is not likely to be rehabilitated.” Previous failure to rehabilitate is not a proper reason for departure when based upon a prior record that has been computed into the guidelines score. See Sellers v. State, 559 So.2d 378 (Fla.…