Fuller v. State

We reverse the order in appeal number 91-02525 that denied appellant’s motion to correct an illegal sentence and remand for resentencing in accordance with Smith v. State, 537 So.2d 982 (Fla.1989); Benitez v. State, 578 So.2d 43 (Fla. 2d DCA 1991); Blackwelder v. State, 570 So.2d 1027 (Fla. 2d DCA 1990); Wahl v. State, 543 So.2d 299 (Fla. 2d DCA), review denied, 551 So.2d 463 (Fla.1989); and Robinson v. State, 591 So.2d 266 (Fla. 4th DCA 1991). The fact that defendant tried to be sentenced within the guidelines, as opposed to receiving a departure sentence, did not constitute an affirmative…