Little v. State

ZEHMER, Judge.

Robert O. Little appeals the trial court’s denial of his rule 3.850 motion for post-conviction relief. The motion challenges the legality of his departure sentence under the sentencing guidelines on grounds that the stated reasons for departure have been held invalid by the supreme court since the affirmance of his sentence on appeal. Little v. State, 474 So.2d 331 (Fla. 1st DCA 1985), rev. den., 484 So.2d 9 (Fla.1986). The trial court denied the motion, checking from among numerous recited grounds on a form order the following two explicit grounds:

The Defendant in the case sub…