PHILLIP JAY WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Phillip Wheeler appeals his life sentence imposed upon resentencing for a 1997 sexual battery offense, arguing that although the trial judge orally pronounced reasons for departure at the resentencing hearing, the judge failed to comply with Florida Rule of Criminal Procedure 3.703(d)(30)(A) by not signing the transcript containing those reasons. The court held that while the sentence must be reversed due to this procedural failure, the judge need not resentence within the guidelines on remand.
The sentence must be reversed due to the judge's failure to comply with Florida Rule of Criminal Procedure 3.703(d)(30)(A) regarding the signing and filing of departure reasons. On remand, the judge is not required to resentence Wheeler within the guidelines range but may either sign the transcript of the orally pronounced reasons for departure or resentence him outside the guidelines.
[1] A departure sentence requires a written statement, signed by the sentencing judge, delineating the reasons for departure, which must be filed within seven days of sentenc…
[2] A timely filed written transcription of orally stated reasons for departure is sufficient if signed by the sentencing judge.
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Join FLexlaw to unlock all legal intelligence“Although the transcript was timely filed, the judge never signed the transcript or filed separate written reasons for departure.”
Establishes the specific procedural defect at issue—the judge's failure to sign the transcript or file written reasons despite orally articulating departure reasons.
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Join FLexlaw to unlock all legal intelligenceWheeler was resentenced for a 1997 sexual battery offense and received a life sentence with oral reasons for departure articulated by the judge at the…
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Phillip Wheeler challenges the life sentence imposed upon him on resen-tencing for his 1997 sexual battery offense. He argues that, although the judge orally pronounced reasons for departure on the record at the resentencing hearing, the judge failed to file written reasons or sign the transcript containing the reasons for departure as required by Florida Rule of Criminal Procedure SYOSIdXSOXA).1 Therefore, he claims he must be resen-tenced within the 1994 sentencing guide*170lines range of 11.2 to 18.7 years in prison. We agree that the sentence must be reversed because of the failure to comply with the rule; however, having articulated-.valid reasons for departure at the resen-tencing hearing, on remand the judge is not required to sentence Wheeler within the guidelines.
At the hearing, the judge asked the court reporter to transcribe the stated departure reasons so that the transcript could be filed within seven days of sentencing as required by rule 3.703(d)(30)(A). The court reporter complied with the judge’s request. Although the transcript was timely filed, the judge never signed the transcript or filed separate written reasons for departure.
Accordingly, we reverse and remand with instructions that the judge either sign the transcript of the orally pronounced reasons for departure or resentence Wheeler within the sentencing guidelines range. See Esquivel v. State, 958 So.2d 517, 518-19 (Fla. 3d DCA 2007) (holding that the judge’s failure to file a timely and properly signed transcript of orally stated reasons for departure was harmless error and that the remedy was to remand for the judge to either sign the transcript or re-sentence the appellant within the guidelines).
Reversed and remanded with directions.
NORTHCUTT and BLACK, JJ., Concur.