Suggs v. State

In the instant appeal, appellant raises the sole issue of whether the trial court erred in imposing an upward departure sentence. Appellant argues and the state properly concedes that none of the reasons for departure provided by the trial court are supported by the record. Appellant’s sentence is, therefore, vacated, and the case .is remanded for resentencing within the presumptive guidelines range. See Shull v. Dugger, 515 So.2d 748, 749 (Fla.l987)(“Generally, when all of the reasons stated by the trial court in support of departure are found invalid, resen-tencing following remand must be…