JAMES JOHN O'CONNOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES JOHN O'CONNOR, APPELLANT,
STATE OF FLORIDA, APPELLEE
548 So. 2d 276
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the appellant’s convictions on Counts I and II. However, we reverse the sentence imposed on Count II because the trial court gave neither oral nor written reasons for its departure from the recommended guidelines sentence.
AFFIRMED AS TO COUNT I; REVERSED AND REMANDED FOR RE-SENTENCING AS TO COUNT II.
DOWNEY, WALDEN and GUNTHER, JJ., concur.
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Althea L. Jones v. State, 553 So. 2d 351 (Fla. 2d DCA 1989)…he recommended sentencing guidelines range was 4½ to 5V2 years. The trial court departed and sentenced the appellant to 7 years in Florida state prison. The record is barren of the grounds relied upon for the upward departure. See O’Connor v. State, 548 So. 2d 276 (Fla. 4th DCA 1989). It appears, however, that the trial court enhanced the recommended sentence by at least one cell. The amendment to the guidelines permitting trial courts in some circumstances to depart without stating reasons in writing was not…