Bailey v. State

The judgment of conviction for second-degree murder is affirmed. Compare State v. Bryan, 287 So.2d 73 (Fla.1973), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1974), and Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969), with Marasa v. State, 394 So.2d 544 (Fla. 5th DCA), rev. denied, 402 So.2d 613 (Fla.1981). However, the sentence above that recommended by the sentencing guidelines must be reversed and the cause remanded for *483resentencing. As the State candidly admits, of the nine reasons given by the trial court to justify the departure, eight are invalid. The only valid reason…