Scott v. State (482 So. 2d 607, 1986)

ORFINGER, Judge.

In departing from the recommended guidelines sentence of any non-state prison sanction and sentencing defendant to a term of three years in prison for the crime of attempted sale or delivery of a controlled substance, the trial court articulated the following reasons:

The Defendant, DRAYTON EUGENE SCOTT, JR., pleaded guilty to the offense of attempted sale or delivery of a controlled substance, cocaine.' The Defendant has a prior criminal record of armed robbery and grand theft for which he was sentenced to the Department of Corrections. His record indicates that he cannot live within the framework of a free society without violating its laws.

It is inconceivable that a non-state prison sanction would be sufficient punishment in this instance; therefore, this Court finds and determines that it is necessary to go outside the guidelines and impose a sentence accordingly.

These reasons, all of which are based on defendant’s prior record, and are thus already factored into the guidelines score-sheet, are insufficient reasons for departure. Hendrix v. State, 475 So.2d 1218 (Fla.1985). The sentence is therefore vacated and the cause is remanded to the trial court for resentencing in ■ accordance with the guidelines, absent clear and convincing reasons for departure.

SENTENCE VACATED and REMANDED.

DAUKSCH and COWART, JJ., concur.