Supreme Court of Florida

Reginald L. Bryant, Petitioner v. State of Florida, Respondent

October 9, 201439 Fla. L. Weekly Supp. 591

Summary

The Supreme Court held that a trial court may not impose an upward departure sentence on remand without the required written findings under §775.082(10), quashing the Second District Court's decision and approving the Fifth District's decision, and remanding for further proceedings. The Court also reaffirmed that Shull and Pope continue to apply post‑CPC and that resentencing is reviewed de novo.