JAMES FLOYD JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that an oral pronouncement for sentence departure is error and some stated reasons for departure were insufficient.
Appellant's conviction was affirmed, but his sentence was reversed. The trial court relied on an oral pronouncement for departing from a presumptive s…
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PER CURIAM.
We affirm appellant’s conviction but reverse his sentence.
The trial court did not provide written reasons for departing from a presump tive sentence but rather relied upon an oral pronouncement. This was error necessitating a remand so that the deficiency may be remedied. Burke v. State, 483 So. 2d 404 (Fla.1985), and State v. Boynton, 478 So. 2d 351 (Fla.1985).
Moreover, some of the reasons stated for departure were insufficient.
The trial court’s belief that appellant lied under oath is an invalid reason. McBride v. State, 477 So. 2d 1091 (Fla. 4th DCA 1985). Lack of remorse is not a clear and convincing reason for departure. Davis v. State, 458 So. 2d 42 (Fla. 4th DCA 1984), and Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984).
Thus, we reverse the sentence and remand for reconsideration of the sentence according to Albritton v. State 476 So. 2d 158 (Fla.1985), and so that the trial court may appropriately supply the written reasons for departure.
We approve the statutory fine upon authority of Snow v. State, 448 So. 2d 1246 (Fla. 5th DCA 1984).
Reversed and remanded for resentencing in accordance herewith.
DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evrard v. State, 502 So. 2d 3 (Fla. 4th DCA 1986)…l court may not depart from the recommended guidelines sentence based upon the court’s belief that the defendant lied to the court. Neal v. State, 487 So. 2d 367 (Fla. 2d DCA 1986); Spivey v. State, 481 So. 2d 100 (Fla. 3d DCA 1986); Jones v. State, 481 So. 2d 516 (Fla. 4th DCA 1985); McBride v. State, 477 So. 2d 1091 (Fla. 4th DCA 1985); Bowdoin v. State, 464 So. 2d 596 (Fla. 4th DCA 1985). We find that the reasoning of the above authorities applies here. Moreover, the court’s belief that the defendant lied…
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- State v. Boynton, 478 So. 2d 351 (Fla. 1985)
- Davis v. State, 458 So. 2d 42 (Fla. 4th DCA 1984)
- Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984)
- Alphonse McBRIDE v. State, 477 So. 2d 1091 (Fla. 4th DCA 1985)
- Burke v. State, 483 So. 2d 404 (Fla. 1985)
- State v. Ross, 448 So. 2d 1246 (Fla. 5th DCA 1984)
- Snow v. State, 448 So. 2d 1246 (Fla. 5th DCA 1984)