White v. State

This appeal arises from the appellant’s conviction and sentence for felony driving while license suspended, in violation of section 322.34(l)(c), Florida Statutes (1995). We reverse since, in departing from the guidelines, the trial court improperly relied upon conduct which was already factored into the presumptive guidelines sentence.

The appellant pled guilty to the charged crime of driving while license suspended and admitted three counts of violating her probation for felony driving under the influence. See § 316.193(b), Florida Statutes (1995). The trial court scored all offenses on the…