ROY L. BUSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the resentencing sentence because the trial court impermissibly imposed a new departure sentence after the original departure reasons were reversed, and clarified that victim injury points for sexual penetration should not be scored under the sentencing guidelines.
A trial court may not impose a new departure sentence upon resentencing after an appellate court has reversed the original departure sentence.
[1] Victim injury points for sexual penetration should not be scored under the sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceBush was resentenced following a prior appellate reversal of his original sentence, and the trial court imposed an upward departure sentence upon rese…
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In this direct criminal appeal, the appellant challenges the sentence imposed upon resentencing following our decision in Bush v. State, 929 So.2d 685 (Fla. 1st DCA 2006), by which we reversed the appellant’s original sentence and remanded the case to the trial court for resentencing *549under the 1994 sentencing guidelines. Because the upward departure sentence imposed upon resentencing was impermissible under Shull v. Dugger, 515 So.2d 748 (Fla.1987) (holding that a trial court may not impose a new departure sentence after the reasons for the original departure sentence have been reversed by an appellate court), we now reverse the sentence imposed upon resentencing and again remand this case to the trial court for resen-tencing under the 1994 sentencing guidelines. In preparing the scoresheet, victim injury points for sexual penetration should not be scored. See Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); Monnar v. State, 939 So.2d 251 (Fla. 1st DCA 2006); Coggins v. State, 921 So.2d 758 (Fla. 1st DCA 2006); accord Behl v. State, 898 So.2d 217 (Fla. 2d DCA 2005); see also Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005).
REVERSED and REMANDED.
BROWNING, C.J., ALLEN and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Behl v. State, 898 So. 2d 217 (Fla. 2d DCA 2005)
- Coggins v. State, 921 So. 2d 758 (Fla. 1st DCA 2006)
- Maynor E. Monnar v. State, 939 So. 2d 251 (Fla. 1st DCA 2006)
- Barr v. State, 929 So. 2d 685 (Fla. 5th DCA 2006)
- Bush v. State, 929 So. 2d 685 (Fla. 1st DCA 2006)