Easton v. State (687 So. 2d 46, 1997)

FRANK, Acting Chief Judge.

Reginald Easton has appealed from a sentence imposed under the guidelines on the ground that the sentence was excessive based on the points scored. He correctly urges that when a trial court erroneously departs from the guidelines in an attempt to impose a youthful offender sentence, the sentence must be reversed. Furthermore, when, as in this case, a trial court is not aware that a departure sentence is being imposed, on remand the court shall have a fresh opportunity to reimpose a departure sentence. Hernandez v. State, 672 So.2d 66 (Fla. 2d DCA 1996); Reed v. State, 681 So.2d 913 (Fla. 4th DCA 1996); Davis v. State, 677 So.2d 1366 (Fla. 4th DCA 1996).

Reversed and remanded for resentencing.

PARKER and WHATLEY, JJ., concur.