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493 So. 2d 487

493 So.2d 487

11 Fla.L.Weekly 1585

Docket No. 85-2826.

State v. Esbenshade

STATE of Florida, Appellant, v. Donald Lee ESBENSHADE, Appellee.

District Court of Appeal of Florida

Decided July 18, 1986.

Rehearing Denied September 5, 1986.

District Court of Appeal of Florida · decided 1986-07-18

Relies on 478 So. 2d 1054 - State v. Jackson · 453 So. 2d 478 - Bell v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-18

How this case has been cited

Cited by 8 later decisions — most recently November 2011

7 state decisions

401986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*488 Jim Smith, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.

¶2James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.

¶3HALL, Judge.

¶4The state appeals the trial court's downward guideline departure sentence of appellee contending that the lack of written reasons coupled with the invalidity of these purported reasons for such compel remand for resentencing. We agree.

¶5Appellee was initially convicted of lewd and lascivious acts and received a term of probation which he subsequently violated. Following appellee's sentence for violation of probation, the trial court, pursuant to an apparent plea bargain, sentenced appellee to a five-year concurrent sentence on the second series of offenses. The sentence was less than the recommended guidelines range.

¶6On the bottom of the scoresheet, under reasons for departure, was written: "Judge Ware's recommendation. No explicit reasons." This notation referred to the judge who presided over appellee's hearing for violation of probation. Additionally, the record on appeal contained an unsigned list of reasons for the departure, most of which were facially invalid.

¶7We reverse the sentence as the downward guideline departure based on the plea bargain was not clearly reduced to writing. Although many of the other reasons for departure found in the unsigned, undated list would constitute an equally valid reason for reversal, it is not clear that this list was ever considered. Therefore, we confine our holding to the lack of written reason.

¶8Generally, departure from the sentencing guidelines is warranted when there is a plea bargain which specifies the permissible sentence. Bell v. State,453 So.2d 478 (Fla.2d DCA 1984), Johnson v. State,458 So.2d 850 (Fla. 2d DCA 1984). However, in the instant case this otherwise valid reason was not clearly reduced to writing as required by State v. Jackson,478 So.2d 1054 (Fla. 1985).

¶9We remand for resentencing consistent with this requirement.

¶10GRIMES, A.C.J., and SANDERLIN, J., concur.

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