PEDRO FERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HALL, Judge.
The appellant Pedro Fernandez challenges the sentences he received after he was found to have violated conditions of probation and community control in three cases in which he was convicted of various drug offenses. We agree with the appellant that the imposition of consecutive sentences in all three cases resulted in a total sentence that exceeded the recommended guidelines range and the permissible one cell bump. Because the trial court provided no written reasons in support of this departure sentence we must remand for resentencing. Since the trial court did not consider the sentence he imposed to be a departure from the guidelines, he may again depart if he supplies valid, written reasons therefor. Waldron v. State, 529 So. 2d 772 (Fla.2d DCA 1988), approved in State v. Betancourt, 552 So. 2d 1107 (Fla. 1989); State v. Vanhorn, 561 So. 2d 584 (Fla.1990).
Accordingly, we affirm the appellant’s conviction but reverse the appellant’s sentence and remand for resentencing with directions consistent herewith.
SCHEB, A.C.J., and PATTERSON, J., concur.
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Floyd v. State, 576 So. 2d 846 (Fla. 5th DCA 1991)…t was unaware that the guidelines applied to this case, the prohibition of Pope v. State, 561 So. 2d 554 (Fla.1990) against a departure sentence on remand does not apply. See Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990); Fernandez v. State, 564 So. 2d 272 (Fla. 2d DCA 1990). If the trial court wishes to depart from the guidelines and can state valid reasons to do so, a departure sentence would be proper. If the written sentence does incorrectly fail to reflect2 the trial court’s judgment and sentence…
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Fernandez v. State, 592 So. 2d 1090 (Fla. 1992)…PER CURIAM. We originally accepted jurisdiction to review Fernandez v. State, 564 So. 2d 272 (Fla.2d DCA 1990), upon the assumption that it conflicted with Ree v. State, 565 So. 2d 1329 (Fla.1990), modified, State v. Lyles, 576 So. 2d 706 (Fla.1991), and Lambert v. State, 545 So. 2d 838 (Fla.1989). We have now determined that no conflict ex…
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Watts v. State, 580 So. 2d 899 (Fla. 2d DCA 1991)…. Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990). Accordingly, we affirm the appellant’s conviction for second degree murder but vacate the sentence. Upon remand, the court may consider imposing a departure sentence. See Fernandez v. State, 564 So. 2d 272 (Fla. 2d DCA 1990). SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. Vanhorn, 561 So. 2d 584 (Fla. 1990)
- Waldron v. State, 529 So. 2d 772 (Fla. 2d DCA 1988)