WILLIAM A. CREWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-11-08
No. 85-314
SCHEB and SCHOONOVER, JJ., concur.
477 So. 2d 1093 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 3 cases
Topics
Written Reasons For Departure Sentencing Guidelines Departure

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Opinion of the Court
GRIMES, Acting Chief Judge.

GRIMES, Acting Chief Judge.

Appellant was sentenced to five years imprisonment for grand theft. On appeal, the parties offer differing calculations of the presumptive range under the guidelines, but under either interpretation the sentence constituted a departure. Because the record lacks a written statement delineating the reasons for departure, we reverse appellant’s sentence. State v. Jackson, 478 So. 2d 1054 (Fla.1985). On remand for resentencing, we assume that the parties will express their positions with respect to scoring so that the judge will be able to determine the proper range. Should the judge once again decide to depart, the reasons for departure must be stated in writing. Any party aggrieved by the new sentence may file a new appeal. The judgment is otherwise affirmed.

SCHEB and SCHOONOVER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Neal v. State, 487 So. 2d 367 (Fla. 2d DCA 1986)
    …cord must include documentation that these offenses did not occur within the last ten years. The defendant may appeal any such departure. If the judge does not depart for this reason, he must sentence defendant within the guidelines. Crews v. State, 477 So. 2d 1093 (Fla. 2d DCA 1985). RYDER, C.J., and SANDERLIN, J., concur.…
  • Wigfals v. State, 480 So. 2d 259 (Fla. 2d DCA 1986)
    …rceration. His fifteen-year sentence clearly exceeds this range. Consequently, we must vacate defendant’s sentence because the trial court failed to provide written reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985); Crews v. State, 477 So. 2d 1093 (Fla. 2d DCA 1985). On remand, the court may sentence defendant within the guidelines range or depart from the guidelines. If the court again wishes to depart, it must provide a written statement identifying valid reasons for departure. Any party a…
  • Griffin v. State, 481 So. 2d 1312 (Fla. 2d DCA 1986)
    …ns for departure. Fla.R.Crim.P. 3.701(d)(14). If the court decides to depart from the guidelines and sentence the defendant in excess of the next higher range, it must articulate in writing clear and convincing reasons for departure. Crews v. State, 477 So. 2d 1093 (Fla. 2d DCA 1985). LEHAN and FRANK, JJ., concur.…

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