STATE OF FLORIDA, APPELLANT,
v.
SAM RICHARDSON, JR., APPELLEE
PER CURIAM.
The state challenges the sentence imposed upon appellee pursuant to a plea bargain. The sentence, which constituted a downward departure from the sentencing guidelines, was not accompanied by written reasons for the departure. We reverse, following State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987), and remand to permit the trial court to provide written reasons for the departure, State v. Chaney, 514 So. 2d 436 (Fla. 4th DCA 1987), or, in the alternative, to permit appellee to withdraw his plea. See State v. Sims, 530 So. 2d 1089 (Fla. 4th DCA 1988); Chaney, 514 So. 2d at 436.
REVERSED AND REMANDED.
HERSEY, C.J., and ANSTEAD and GUNTHER, JJ., concur.
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State v. Glenn, 545 So. 2d 903 (Fla. 4th DCA 1989)…efendant on both counts. The state argues that the trial court erred when it failed to provide written reasons for its two-cell downward departure. Defendant concedes this was error. We reverse the sentence on the authority of State v. Richardson, 536 So. 2d 1193 (Fla. 4th DCA 1989). We note that the elimination of the possession conviction will not change defendant’s presumptive sentencing guideline range. Therefore, we remand the sentence with instructions to the trial court to either sentence defendant wi…
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State v. Allen, 557 So. 2d 960 (Fla. 4th DCA 1990)…nd over the objection of the state, unless the trial court provides clear and convincing written reasons for the departure. State v. Glenn, 545 So. 2d 903 (Fla. 4th DCA 1989); State v. Brown, 542 So. 2d 1371 (Fla. 4th DCA 1989); State v. Richardson, 536 So. 2d 1193 (Fla. 4th DCA 1989). The trial court provided no written reasons for its sentencing departure. We reverse and remand to permit the trial court to either sentence appellant within the guidelines or provide written reasons for the departure, State v.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987)
- State v. Freddy Sims, 530 So. 2d 1089 (Fla. 4th DCA 1988)
- Mahterian v. State, 514 So. 2d 436 (Fla. 4th DCA 1987)