STATE OF FLORIDA, APPELLANT,
v.
SHERYL CHANEY A/K/A KATHY BULMER, APPELLEE
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Florida appellate court reversed a downward sentencing departure for lack of written reasons, requiring resentencing within guidelines or allowing plea withdrawal.
A trial court must provide written reasons for any downward departure from sentencing guidelines, and failure to do so requires reversal and resentencing.
[1] Written reasons are required for any downward departure from sentencing guidelines, and failure to provide such reasons upon remand requires reversal and resentencing.
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Join FLexlaw to unlock all legal intelligenceDefendant pleaded guilty to grand theft and cocaine charges. She was sentenced to time served (64 days) for grand theft and three years probation for …
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WALDEN, Judge.
This is a timely appeal by the State of Florida of an order sentencing defendant below the recommended guidelines sentence.
In exchange for an open plea of guilty, appellee was sentenced to time served (64 days) for a grand theft charge and three years probation for a cocaine charge. The state was not a party to the plea agreement, and in fact objected to the open plea. Defendant’s sentence departed downward from the recommended guidelines sentence of 3V2 to 4V2 years. The trial court gave no written reasons for departure. On appeal, this court relinquished jurisdiction and allowed the trial court thirty days to provide written reasons for departure. The trial court failed to furnish such written reasons and this court has been given no explanation for the trial court’s failure to do so.
Clearly, written reasons must be given for a downward departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985). Since we see no reason to re-relinquish this cause, we reverse the trial court’s departure below the guidelines and remand with instructions to permit the defendant to withdraw her plea, if she is so advised, otherwise the defendant is to be resentenced within the guidelines. State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA 1987).
REVERSED AND REMANDED.
DOWNEY and GLICKSTEIN, JJ., concur.
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Citator
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA 1987)