GREGORY DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1986-01-16
Nos. 85-981, 85-982
COBB, C.J., and DAUKSCH, J., concur.
481 So. 2d 562 Florida District Court of Appeal, Fifth District (1986) Caution
Cited by 3 cases
Topics
Florida Rule Of Criminal Procedure 3.701(D)(11) Sentencing Guidelines Departure

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Opinion of the Court
UPCHURCH, Judge.

UPCHURCH, Judge.

This is an appeal from a sentencing guideline departure for convictions of forgery 1 and grand theft.2 At sentencing, the trial judge orally announced reasons for departing from the sentencing guidelines which were transcribed by the court reporter. The court, however, failed to enter a separate order providing the reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(ll). Recently, the supreme court held that reliance on the record alone is an improper method for delineating reasons for departure, State v. Jackson, 478 So. 2d 1054 (Fla.1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing.

REVERSED and REMANDED.

COBB, C.J., and DAUKSCH, J., concur. . § 831.01, Fla.Stat. (1983).

. §§ 812.014(l)(a), (b) and § 812.014(2)(b)(l), Fla.Stat. (1983).

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