Cloe v. State

STONE, Judge.

We affirm Appellant’s conviction of DUI manslaughter but reverse and remand for resentencing.

Although the record supports Appellant’s sentence as a habitual offender, the 20 year sentence exceeds the guideline range. The only written reason supporting an aggravated sentence, Appellant’s drug use, would support a downward deviation but not an aggravation. Cf. Barbera v. State, 505 So.2d 413 (Fla.1987), receded from on other grounds by, Pope v. State, 561 So.2d 554 (Fla.1990) and State v. Smith, 592 So.2d 1100 (Fla. 3d DCA1990). Further, under the statute in effect on September…