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

Summary

The Florida Supreme Court held that a trial court may not impose an upward departure sentence on remand when it failed to make the statutory written findings required by §775.082(10); the sentence must be resentenced to a non‑state prison sanction. The Court quashed the Second District Court of Appeal's decision and approved the Fifth District's ruling, remanding for further proceedings. Justice Canada dissented, arguing that the majority improperly restricts de novo resentencing authority.