REGINALD EASTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK, Acting Chief Judge.
Reginald Easton has appealed from a sentence imposed under the guidelines on the ground that the sentence was excessive based on the points scored. He correctly urges that when a trial court erroneously departs from the guidelines in an attempt to impose a youthful offender sentence, the sentence must be reversed. Furthermore, when, as in this case, a trial court is not aware that a departure sentence is being imposed, on remand the court shall have a fresh opportunity to reimpose a departure sentence. Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996); Reed v. State, 681 So. 2d 913 (Fla. 4th DCA 1996); Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996).
Reversed and remanded for resentencing.
PARKER and WHATLEY, JJ., concur.
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Fields v. State, 712 So. 2d 413 (Fla. 2d DCA 1998)…asingly violent crimes, or a pattern of increasingly serious criminal activity.” Furthermore, the designation of Fields as a youthful offender will not support departure from the guidelines without valid written rea [*414] sons. See Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997); Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996). Because the trial judge imposed an invalid departure sentence, the new sentence must be within the guidelines. If the court imposes another youthful offender sentence, the te…
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Doyle v. State, 788 So. 2d 368 (Fla. 2d DCA 2001)…s de minimis, resulting in him serving only an additional ten days. We disagree. In the absence of written reasons to support the upward departure, even youthful offender sentences cannot exceed the sentencing guidelines. See, e.g., Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997); Watson v. State, 690 So. 2d 730 (Fla. 4th DCA 1997). Moreover, no offender should be subject to confinement for even one day more than required under a legal sentence. We, therefore, remand this case for resentenc-ing in accordan…
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Demond Lamont Alexander v. State, 744 So. 2d 1190 (Fla. 2d DCA 1999)…al court was under the mistaken belief that the sentencing guidelines did not apply to sentencing as a youthful offender and that the six-year sentence imposed was not a departure sentence. Therefore, consistent with our holdings in Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997) and Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996), we reverse appellant’s sentence and remand for resentencing. On remand, the trial court may reimpose the same six-year sentence, provided written reasons for departure ar…
Authorities Cited
- Chauncey L. Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996)
- Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996)
- Jones v. State, 681 So. 2d 913 (Fla. 4th DCA 1996)