Holmes v. State

WILLIS, BEN C., Associate Judge.

This is an appeal from a sentencing guideline departure. Appellant appeared for resentencing on May 23, 1989, following Smith v. State, 537 So.2d 982 (Fla.1989), which rendered appellant’s original sentencing in 1984 invalid. Appellant opted at resentencing to again be sentenced under the guidelines; and the trial judge opted again to depart from the guidelines. Both the sentence and the reasons for departure mirrored the original sentencing. Appellant argues that the trial judge violated the departure procedure mandated by Ree v. State, 565 So.2d 1329…