Devon Kane Ryerson v. State of Florida

The appellant appeals his prison sentence, arguing that the trial court did not make the findings required under section 775.082(10), Florida Statutes (2014). We agree and reverse and remand for resen-tencing.

The state charged the appellant with two non-forcible felonies. The appellant pled no contest without any negotiated agreement as to the sentence. The score-sheet prepared reflects a total score of 5.1 sentence points, which, under the facts of this case, presumed a nonstate prison sanction unless the sentencing judge made certain factual findings. The trial court sentenced the appellant…