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TILLMAN v. STATE

No. 85-941.

482 So.2d 603 (1986)

Bonnie TILLMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

We vacate defendant's sentence and remand for resentencing because the reason given by the trial judge for departing from the recommended guideline sentence (being his conclusion that defendant had no intention of abiding by the law or probation) was factually based solely on defendant's "extensive [criminal] record." Defendant's prior criminal record was factored into the calculation of the recommended guideline sentence and is, therefore, not a permissible...

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