Bryant v. State

We affirm appellant’s convictions for grand theft, escape, and possession of cocaine. *1063However, we find that the trial court erred in exceeding the sentence recommended under sentencing guidelines, and we remand for resentencing.

The trial court provided two reasons for departing from the guidelines. Neither is supported by the record. First, the court cited “prior unseored charges.” This appears to be a reference to three offenses committed while appellant was a juvenile, and which did not qualify as “prior record” under Florida Rule of Criminal Procedure 3.701(d)(5)(G).

A sentencing court may…