Perez v. State

Rolando Perez was convicted of armed burglary and robbery, aggravated assault, several counts of false imprisonment and with unlawful possession of a firearm while in the commission of a felony. The trial court departed upward from the sentencing guidelines. In an earlier opinion from this court, Perez v. State, 566 So.2d 881 (Fla. 3d DCA 1990), we vacated two convictions for false imprisonment and the possession of a firearm while in the commission of a felony.

At the time of the original appeal, neither of the parties could locate a written departure order detailing the trial court’s reasons…