Bailey v. State

The trial judge was dissatisfied with the recommended guidelines sentence and imposed “a more realistic sentence.” 1 This is an insufficient reason for departure. See Muff v. State, 490 So.2d 1065 (Fla. 5th DCA 1986); Hendrix v. State, 475 So.2d 1218 (Fla.1985) (insufficiency of a guideline sentence to punish wrongdoer an invalid reason for departure).

We vacate the sentence and remand the case for resentencing to either the recommended guidelines sentence or a departure sentence that conforms to the sentencing guidelines (Fla.R.Crim.P. 3.701).

SENTENCE VACATED; CAUSE REMANDED.

UPCHURCH, C.J.,…