Mott v. State

We vacate Mott’s sentence and remand to the trial court for resentencing within the guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla.1987). The reasons given by the trial court for departing from the guidelines are invalid, Hamilton v. State, 537 So.2d 194 (Fla. 2d DCA 1989); Brunson v. State, 492 So.2d 1155 (Fla. 3d DCA 1986), or are unsupported by the record. See State v. Jones, 530 So.2d 53 (Fla.1988).

The trial court stated three reasons for departure, two of which the state now concedes were invalid. We address only the third reason given by the trial court, that the defendant had been…