Benitez v. State

PATTERSON, Judge.

The appellant challenges his thirty-year departure sentence and contends that upon resentencing the trial court should have sentenced him under the guidelines in effect at the time of resentencing. We reverse and remand for resentencing.

The appellant challenged his original thirty-year departure sentence. This court affirmed the appellant’s judgment and sentence with opinion in Benitez v. State, 470 So.2d 734 (Fla. 2d DCA), rev. denied, 479 So.2d 117 (Fla.1985), and held that the trial court articulated clear and convincing reasons for the departure.

On April 24, 1990, the…