Foister v. State

JOANOS, Judge.

Richard Foister appeals the sentence imposed by the trial court after this court found his original ten year sentence was predicated upon invalid departure reasons. See Foister v. State, 510 So.2d 371 (Fla. 1st DCA 1987) (Foister I). The issue in this appeal concerns the propriety of applying the 1984 amended sentencing guidelines at resentencing. We affirm.

The record in this case reflects that on December 9, 1985, the state filed amended informations, charging appellant with commission of two incidents of lewd and lascivious acts upon a child under sixteen years of age. In Case…