Lawrence Manning Spivey v. State Florida

This case is before us a second time on appeal from a sentence. We reversed the sentence the first time because two of three grounds relied upon by the trial court for departing from the sentencing guidelines were invalid. Spivey v. State, 481 So.2d 100 (Fla. 3d DCA 1986). We held that the State failed to establish beyond a reasonable doubt that the court would have exceeded the twelve to thirty month imprisonment, a one cell upward departure, to impose a fifteen-year sentence based on the single valid reason shown in the record. On remand the trial judge conducted an unscheduled hearing, without the defendant's attorney, and resentenced the defendant to fifteen years. That procedurally defective sentence was vacated. the hearing from which this appeal is brought was then conducted, and the defendant was again sentenced to fifteen years.