State v. Dunn

The State appeals the trial court’s resen-tencing of Kelvin L. Dunn to a downward departure sentence following this court’s reversal and remand of his original downward departure sentence in State v. Dunn, 970 So.2d 922 (Fla. 1st DCA 2007). The State contends that on remand, the trial court was required to sentence Dunn within the guidelines. We agree.

In Pope v. State, the supreme court held, “[W]hen an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.” 561 So.2d…