Barr v. State

Because I consider that the sole reason given for the upward departure sentence imposed on appellant is invalid under Florida Rule of Criminal Procedure 3.701(d)(ll), as it is a factor relating to the instant offense for which he was not convicted, i.e., reckless driving, I respectfully dissent.

Appellant was convicted of armed robbery of a motor vehicle. The recommended guide*1178line sentence was seven to nine years and the permitted guideline sentence was 5½ to 12 years in prison. The court imposed an upward departure sentence of 25 years and gave as its sole reason for departure appellant’s…