Bonney v. State

Defendant was convicted of sexual battery with a deadly weapon, a life felony under section 794.011(3), Florida Statutes (1989), and burglary, a first-degree felony punishable by life under section 810.02(2). For the two offenses he was sentenced to consecutive life terms, which constitutes a departure sentence. See, e.g., Allen v. State, 561 So.2d 1339 (Fla. 2d DCA1990). We affirm his convictions but conclude that resentencing is necessary.

Defendant first argues that the trial court was misinformed with regard to his actual permitted range. We agree. On defendant’s sentencing guidelines…