Walker v. State

We affirm the trial court’s denial of Donald Walker’s habeas corpus petition. The claim lacks merit even if viewed as a claim of an illegal sentence.

Walker claims that when he was resentenced in 1991, the trial court should have imposed a guidelines term, rather than the departure sentence he received. Walker relies on Shull v. Dugger, 515 So.2d 748 (Fla.1987). Shull held that a trial court may not enunciate new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court. See also Murray v. State, 616 So.2d 955, 956…