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484 So. 2d 102

484 So.2d 102

11 Fla.L.Weekly 606

Docket No. BG-343.

Corum v. State

Kenneth W. CORUM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1986-03-10

Cited by 10 later decisions — most recently February 1995

10 state decisions

Relies on Alford v. State · 463 So. 2d 478 - Napoles v. State · 478 So. 2d 385 - Hall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-10

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¶1Larry G. Bryant, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and John Tiedemann, Asst. Atty. Gen., for appellee.

¶3NIMMONS, Judge.

¶4Corum appeals sentences after guilty pleas on two counts of burglary of conveyances and two counts of grand theft. The trial judge departed from the Guidelines sentence of "any non-state prison sanction" and sentenced appellant to 18 months incarceration on three of the counts to run concurrently, and two years community control on the final count, to be served upon release from prison. The following notation was made by the judge on the scoresheet under the reasons for departure section: "Prior records, Probation before, Number of Crimes, this."

¶5The appellate courts of the State have been given the responsibility of determining whether the trial court has articulated clear and convincing reasons for departing from the Guidelines' sentence. While brevity is oftentimes a virtue which should be encouraged, even in judicial proceedings, it should be apparent that we cannot reasonably be expected to properly perform our review function where the reasons given for departure are abbreviated in the extreme as in the instant case. Compare Alford v. State,460 So.2d 1000 (Fla. 1st DCA 1984); Napoles v. State,463 So.2d 478 (Fla. 1st DCA 1985). Even were we to consider the transcript of the sentencing hearing as an aid in explaining what the judge meant, compare Hall v. State,478 So.2d 385 (Fla. 2nd DCA 1985), the transcript in the instant case is of no help in that respect.

¶6The reasons given are neither clear nor convincing. Accordingly, the appellant's sentences are vacated and the cause is remanded for resentencing. The trial court may reimpose sentences outside the Guidelines *103 if the court states in writing clear and convincing reasons for doing so.

¶7REVERSED and REMANDED.

¶8SHIVERS and JOANOS, JJ., concur.

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