STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
WILLIAM CLYDE FREELAND, APPELLEE/CROSS-APPELLANT
DAUKSCH, Judge.
This is an appeal from a sentence and a cross-appeal from convictions. We find no merit in the cross-appeal but vacate the sentence and remand for resentencing. While the record is not crystal clear as to why the trial judge refused to score previous convictions for sale and possession of illegal drugs it could be that Carawan v. State, 515 So. 2d 161 (Fla.1987) was improperly retroactively applied. State v. Glenn, 558 So. 2d 4 (Fla.1990). Even if Carawan was applied, there is insufficient evidence to demonstrate that the previous convictions for sale and possession involved a single quantity of drugs. If a downward departure was intended then written reasons were not given.
SENTENCE VACATED; REMANDED.
GOSHORN and GRIFFIN, JJ., concur.
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State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)…ntemporaneous written reasons be given by trial courts for all criminal sentences imposed outside the applicable guidelines ranges whether the departure is upwards or downwards. State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So. 2d 204 (Fla. 5th DCA 1990); State v. Bradley, 541 So. 2d 1261 (Fla. 3d DCA 1989); State v. Jones, 525 So. 2d 512 (Fla. 4th DCA 1988). The consequence of failing to give contemporaneous written reasons is that the sentencing court must resentence within the…
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State v. Lyons, 578 So. 2d 489 (Fla. 5th DCA 1991)…followed by two years’ probation for each offense, but written reasons were not placed into the record. Written reasons are required for both downward and upward departures. See State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So. 2d 204 (Fla. 5th DCA 1990). A sentencing transcript does not satisfy the requirement of written reasons for a departure. See State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). We mu…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Glenn, 558 So. 2d 4 (Fla. 1990)