STATE OF FLORIDA, APPELLANT,
v.
MICHAEL CRUZ, APPELLEE
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A trial court's oral pronouncement of a valid reason for a downward departure sentence, even without written reasons, is sufficient to affirm the sentence, but requires remand for the filing of written reasons.
The State appealed a downward departure sentence imposed after defendant pleaded guilty to grand theft and burglary. The trial court cited defendant's…
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STEVENSON, Judge.
This is an appeal by the State of Florida from the downward departure sentence imposed by the trial court following Michael Cruz’ plea of guilty to grand theft and burglary of a dwelling. We affirm, but remand so that the trial court may file its written reasons for departing from the sentencing guidelines.
In Pease v. State, 22 Fla. L. Weekly S624 (Fla. Oct. 9, 1997), the supreme court held that where, as here, the trial court orally pronounces a valid reason for a downward departure sentence, the court’s failure to file written reasons should not result in a guidelines sentence; rather, the matter is properly remanded for the trial court to file its written reasons. See State v. Stallman, 707 So. 2d 353 (Fla. 2d DCA 1998). In the instant case, the record discloses that the trial judge departed from the sentencing guidelines on the ground that appellant was a drug addict who could be helped by the Fern House drug program. The trial court made this finding after hearing from a representative of Fern House who had interviewed appellant and who found appellant to be a suitable candidate. This is a valid ground for departure. See § 921.0016(4)(d), Fla. Stat. (1995).1
AFFIRMED and REMANDED for the trial court to file its written reasons for imposing a downward departure sentence.
DELL and POLEN, JJ., concur. . Had appellant committed his crimes after July 1, 1997, rather than on April 22, 1997, he could not have received a downward departure sentence on this ground. See § 921.0016(4)(d), (5), Fla. Stat. (1997).
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State v. Cummings, 748 So. 2d 388 (Fla. 5th DCA 2000)…he has felt better since he has been on medication for his disorder and his statement to Honickman that he wanted to be treated for the condition is the only evidence in the record as to whether Cummings is amenable to treatment. See State v. Cruz, 710 So. 2d 123 (Fla. 4th DCA 1998) (trial court found that appellant, a drug addict, could be helped by Fern House drug program based on Fern House representative’s testimony that he had interviewed appellant and he was a suitable candidate). Given his recent dia…
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Pierre v. State, 708 So. 2d 1037 (Fla. 3d DCA 1998)…01 (Fla.1995); Owens v. State, 598 So. 2d 64 (Fla.1992); Hoffman v. State, 700 So. 2d 765 (Fla. 3d DCA 1997). Compare Pease v. State, — So. 2d - (Fla. Case no. 87,571, opinion filed, October 9, 1997)[22 FLW S624] (downward departure); State v. Cruz, 710 So. 2d 123 (Fla. 4th DCA 1998)(same); State v. Stallman, 707 So. 2d 353 (Fla. 2d DCA 1998)(same). In addition, the sentence for the multiple offenses of which the defendant was convicted included one for grand theft which exceeded the statutory maximum of fi…
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State v. Imran Baksh, 758 So. 2d 1222 (Fla. 4th DCA 2000)…written reasons for a downward departure sentence should not result in a guidelines sentence. Rather, the matter should be remanded so that the trial court may file its written reasons for departing from the sentencing guidelines. See State v. Cruz, 710 So. 2d 123, 123 (Fla. 4th DCA 1998). In so holding, this court relied upon Pease v. State, 712 So. 2d 374 (Fla.1997). See id. In that case, the supreme court held that where the trial court orally pronounced a valid reason for a downward departure sentence, th…
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- State v. Stallman, 707 So. 2d 353 (Fla. 2d DCA 1998)