Knox v. State

The panel opinion, in my view, misses the issue. This case is indistinguishable from Spivey v. State, 512 So.2d 322 (Fla. 3d DCA 1987), where we reversed a sentence a second time and remanded with instructions that the case be reassigned to a different judge for sentencing where the trial judge1 had shown substantial difficulty in putting out of his mind reasons which should not have been a factor in a decision to exceed the sentencing guidelines.

We reversed this same thirty-year sentence in Knox v. State, 528 So.2d 1369 (Fla. 3d DCA 1988), on grounds that four of seven reasons given for the…