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495 So. 2d 284

495 So.2d 284

11 Fla.L.Weekly 2112

Williams v. State

District Court of Appeal of Florida

Decided October 3, 1986

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

Cited by 1 later decisions — most recently December 1986

1 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 482 So. 2d 552 - Torrey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-03

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GRIMES, Acting Chief Judge.

¶1Appellant appeals the lower court’s imposition of his sentence in excess of the guidelines recommendation without written reasons for departure.

¶2After a plea of guilty to violation of probation, appellant’s probation was revoked. Appellant’s sentencing guidelines score warranted community control or twelve to thirty months’ incarceration. Fla.R.Crim.P. 3.988(g). Since the sentencing was subsequent to violation of probation, the court could have increased the sentence to the next higher cell without requiring reasons for departure. Fla.R. Crim.P. 3.701(d)(14). The recommendation for the next higher cell was 2½ to 3½ years’ incarceration. Fla.R.Crim.P. 3.988(g). Instead, the court exceeded the guidelines recommendation and sentenced appellant to five years in prison. The trial judge orally stated his reason for departure but failed to submit his reason in writing.

¶3Written reasons for departure are required by Florida Rule of Criminal Procedure 3.701(d)(ll). State v. Jackson, 478 So.2d 1054 (Fla.1985); Torrey v. State, 482 So.2d 552 (Fla.2d DCA 1986).

¶4Because the court failed to reduce his reasons for departure to writing as required, we reverse the sentence and remand for resentencing.

CAMPBELL and LEHAN, JJ., concur.
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