Mitchell v. State

The appellant, Alfredo Mitchell, challenges the judgment and sentence entered after he was convicted of robbery. Although several issues have been raised on appeal, we find merit only in the appellant’s contention that the trial court erred in departing from the sentencing guidelines. We, accordingly, affirm his conviction but reverse the departure sentence imposed and remand for resentencing within the guidelines.

The appellant was charged by information with robbery in violation of section 812.13, Florida Statutes (1985). After a jury found the appellant guilty as charged, the trial court…