STATE OF FLORIDA, APPELLANT,
v.
JAMES DAVIS, APPELLEE
Explore caselaw by topic → Browse Written Reasons For Departure cases and more on FLexlaw
PER CURIAM.
The state challenges the trial court’s imposition of a sentence below the recommended guidelines. The trial court gave oral reasons but failed to reduce them to writing. Because the court failed to give written reasons, we must reverse for entry of a sentence within the guidelines range. This is the holding of Pope v. State, 561 So. 2d 554 (Fla.1990) which we are required to follow, especially since Pope specifically receded from that portion of Barbera v. State, 505 So. 2d 413 (Fla.1987) which on remand had permitted the trial court to provide written reasons for a downward departure sentence when none had been prepared at the initial sentencing. Parenthetically, the orally announced reason for departing downward from the guidelines sentence in this case was the same as in Barbera.
Reversed and remanded.
GLICKSTEIN, WARNER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Birkigt, 605 So. 2d 93 (Fla. 4th DCA 1992)…downward departure sentence. Appellee, Birkigt, concedes that the trial court failed to give written reasons for its departure. Therefore, we reverse Birkigt’s sentence and remand for entry of a sentence within the guidelines range. State v. Davis, 579 So. 2d 375 (Fla. 4th DCA 1991). Neither the state nor Birkigt have briefed or presented argument on the issue of whether Birkigt should be allowed to withdraw his plea on remand; therefore, we do not address this issue. [*94] POLEN, J., OWEN, WILLIAM C., Jr.,…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)