Ford v. State

DANAHY, Judge.

In Myrick v. State, 461 So.2d 1359 (Fla. 2d DCA 1984), this court said:

[W]hen a trial court disregards the guidelines and imposes a sentence which exceeds the presumptive guidelines sentence, it would seem illogical to conclude that the court gave clear and convincing reasons for departing from the guidelines under rule 3.701d.ll. We could not conclude that a court properly departed from the guidelines when the court had nothing under consideration from which to depart. Under those circumstances the purpose of the guidelines — to promote uniformity of sentencing by the trial…