Florida District Courts of Appeal, 1993

Henderson v. State

Henderson v. State
Florida District Courts of Appeal · Decided August 12, 1993 · Barfield, Mickle, Zehmer
622 So. 2d 172; 1993 Fla. App. LEXIS 8392; 1993 WL 303090 (Southern Reporter, Second Series)

Henderson v. State

Opinion of the Court

PER CURIAM.

The sentence imposed against the appellant is a departure sentence. Henderson v. State, 596 So.2d 774 (Fla. 1st DCA 1992), review denied, 602 So.2d 941 (Fla. 1992); Henderson v. State, 577 So.2d 653 (Fla. 1st DCA 1991), review denied, 589 So.2d 291 *173(Fla. 1991); Robinson v. State, 520 So.2d 1 (Fla. 1988). No reasons for departure were provided. Accordingly, we VACATE the sentence and REMAND for resentencing within the guidelines, with no possibility of departure therefrom. Pope v. State, 561 So.2d 554 (Fla. 1990). The trial court is directed to give the appellant credit for all time served as of the date of final resen-tencing. See Brown v. State, 584 So.2d 209 (Fla. 1st DCA 1991).

ZEHMER, C.J., and BARFIELD and MICKLE, JJ., concur.

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