Opinion
Case No. 97-1203.
Opinion filed March 4, 1998. JANUARY TERM, A.D. 1998.
An Appeal from the Circuit Court for Monroe County, Richard Payne, Judge. L.T. No. 94-64
Bennett H. Brummer, Public Defender and Craig J. Trocino, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Christine E. Zahralban, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ.
After we remanded this case for resentencing under the 1994 guidelines in Gilbert v. State, 680 So.2d 1132 (Fla. 3d DCA 1996), the trial judge imposed a departure sentence on grounds of (a) heightened premeditation, State v. Obojes, 604 So.2d 474 (Fla. 1992), and (b) vulnerability due to age of the victim, § 921.0016(3)(j), Fla. Stat. (1995). We find that the evidence supports neither of these grounds for departure. See Marcott v. State, 650 So.2d 977 (Fla. 1995); Green v. State, 662 So.2d 748 (Fla. 4th DCA 1995).
Accordingly, the sentence under review is reversed and the cause remanded with directions to impose a guidelines sentence.