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543 So. 2d 453

543 So.2d 453

14 Fla.L.Weekly 1305

Stivers v. State

District Court of Appeal of Florida · decided 1989-05-24

Relies on 475 So. 2d 1218 - Hendrix v. State · 515 So. 2d 748 - Shull v. Dugger

Decided 1989-05-24

PER CURIAM.

¶1Crit Stivers, Jr., has appealed from convictions and sentences for aggravated assault with a firearm and possession of a firearm by a convicted felon. We affirm his convictions but reverse the sentences on the basis that the departure order does nothing more than recite past criminal history. This was error. Hendrix v. State, 475 So.2d 1218 (Fla.1985). On remand the court is to sentence the defendant within the applicable guidelines ranges. Shull v. Dugger, 515 So.2d 748 (Fla.1987).

¶2Convictions affirmed; sentences reversed; remanded for resentencing within the guidelines.

RYDER, A.C.J., and FRANK and PARKER, JJ., concur.
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