SHAWN ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CAMPBELL, Acting Chief Judge.
Appellant challenges the departure sentence imposed on his convictions for attempted burglary of a dwelling and violation of a domestic injunction. The state concedes error, agreeing that a remand is required since no PSI was prepared and the departure reasons were not timely filed. The parties disagree, however, as to whether the court should again be allowed to depart. We agree with appellant that since the court failed to timely file its reasons for departure, it may not depart on resentencing. Owens v. State, 598 So. 2d 64 (Fla.1992) [when a departure sentence is reversed due to the trial court’s failure to provide contemporaneous reasons in accord with Bee v. State, 565 So. 2d 1329 (Fla.1990), Pope v. State, 561 So. 2d 554 (Fla.1990) applies and the trial court cannot depart from the guidelines on remand.]. See also Jones v. State, 602 So. 2d 604 (Fla. 2d DCA 1992); Whitaker v. State, 597 So. 2d 933 (Fla. 4th DCA 1992).
Accordingly, we reverse the departure sentence imposed and remand for resentencing within the guidelines.
PARKER and NORTHCUTT, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Logan v. State, 995 So. 2d 564 (Fla. 2d DCA 2008)…pellate court reverses a departure sentence because there were no written reasons, the court must remand for resen-tencing with no possibility of departure from the guidelines.” Pope v. State, 561 So. 2d 554, 556 (Fla.1990); see also Adams v. State, 695 So. 2d 860, 860 (Fla. 2d DCA 1997). The trial court’s failure to provide contemporaneous written reasons for departure in 2001 precluded the trial court from imposing departure sentences on remand. Accordingly, we again reverse Logan’s departure sentences and…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- Owens v. State, 598 So. 2d 64 (Fla. 1992)
- Lewis v. The Home Ins. Co. & Shams Enters., Inc., 597 So. 2d 933 (Fla. 3d DCA 1992)
- Whitaker v. State, 597 So. 2d 933 (Fla. 4th DCA 1992)
- Jones v. State, 602 So. 2d 604 (Fla. 2d DCA 1992)