Mills v. State

989 So.2d 732 (2008)

Mark D. MILLS, Appellant,

v.

STATE of Florida, Appellee.

No. 1D05-1390.

District Court of Appeal of Florida, First District.

September 4, 2008.

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

CORRECTED OPINION ON REMAND

BROWNING, C.J.

There was error in imposing Appellant's departure sentence for reasons neither pled nor found by the jury beyond a reasonable doubt. See Isaac v. State, 911 So.2d 813 (Fla. 1st DCA…