Butler v. State

On April 3, 1990, this court issued an opinion in which we affirmed a sentencing guidelines departure sentence of twelve-years imprisonment. The ground stated by the trial court for the sentencing guidelines departure was the temporal proximity between the defendant’s release from prison and the commission of the instant offense. This court, however, withheld issuance of the mandate and on September 14, 1991, the full court entered an order setting the cause for rehearing en banc and inviting additional briefs. On September 23, 1991, the en banc court returned the cause to the original panel…