VEREL T. WESTOVER, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
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The court affirmed the defendant's convictions but reversed the sentence due to the trial judge's failure to state written reasons for a downward departure from sentencing guidelines.
The defendant was convicted of arson and related fraud offenses. The sentencing guidelines recommended imprisonment, but the trial judge imposed proba…
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PER CURIAM.
The defendant appeals his convictions for arson in the first degree, burning to defraud, and insurance fraud, for which he received concurrent terms of thirty years’ probation on the arson count, and five years’ probation on the other two counts. The guidelines scoresheet recommended a range of two and one-half to three and one-half years’ imprisonment. The state cross-appeals from the departure sentence.
We find no merit in the issues raised by the defendant and affirm his conviction. However, we agree with the state that the trial judge erred in departing downward from the recommended guidelines range without stating in writing his reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985).
Accordingly, we reverse the imposition of probation in this case and remand for resentencing. Should the trial judge once again decide to depart downward, the reasons for departure must be stated in writing. Any party aggrieved by the new sen tence may file a new appeal. The judgment is otherwise affirmed.
SCHEB, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Verel T. Westover v. State, 521 So. 2d 344 (Fla. 2d DCA 1988)…Westover’s thirty year sentence of probation and remand this case with instructions that the trial [*346] court resentence Westover to the fifteen-year probationary term originally set. RYDER, A.C.J., and CAMPBELL, J., concur. . Westover v. State, 482 So. 2d 599 (Fla. 2d DCA 1986). . This order also set forth written reasons for departure in compliance with this court’s instructions on remand; that aspect of the order is not before us in this appeal.…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)