Sherman v. State

The appellant, James Lewis Sherman, challenges the judgment and sentence entered by the trial court after this court, in a previous decision, reversed the appellant’s sentence and remanded for resentencing. In Sherman v. State, 500 So.2d 720 (Fla. 2d DCA 1987), we reversed the trial court’s departure from the sentencing guidelines because the only reason given for departure was invalid. On remand, the trial court enunciated a new reason for departure and imposed the same sentence. We agree with the appellant’s contention that the trial court’s actions were not permitted and, accordingly,…