Smith v. State

SCHEB, Judge.

This is the second appearance of this case before this court. The defendant was convicted of simple assault and throwing a deadly missile into an occupied vehicle. The trial court departed from the presumptive guidelines range and sentenced the defendant to twenty-three years in prison. On appeal, this court affirmed the defendant’s conviction but vacated his sentence and remanded for resentencing. Smith v. State, 488 So.2d 593 (Fla. 2d DCA 1986).

On remand, the trial judge entered a written order on May 28, 1986, finding the defendant to be a habitual offender and, again,…