Dillard v. State

Kevin J. Dillard appeals his upward departure sentence imposed by the trial court on re-sentencing following remand. We reverse and remand for re-sentencing.

Appellant was convicted of attempted trafficking in cocaine in an amount be*662tween 28 and 200 grams. He was initially sentenced as an habitual offender to twenty years in prison. In Dillard v. State, 820 So.2d 994 (Fla. 4th DCA 2002), we held that his habitual offender sentence was impermissible, because had he been convicted of a completed trafficking offense, rather than an attempt, he would have received a lesser guidelines sentence…