Ridgeway v. State

District Court of Appeal of Florida

Decided May 10, 1989

District Court of Appeal of Florida · decided 1989-05-10

Relies on Bibby v. United States · Daniel v. Security Pacific National Bank · 473 So. 2d 703 - Boynton v. State

Decided 1989-05-10

ERVIN, Judge.

¶1It was error for the trial judge to impose a departure sentence1 without providing written reasons therefor. State v. Hill, *340492 So.2d 1072 (Fla.1986); Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), approved, 478 So.2d 351 (1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986). We therefore REVERSE and REMAND with directions to resentence within the guidelines or provide written reasons for departure.

BOOTH and WENTWORTH, JJ., concur.

¶2. Appellant was sentenced to three consecutive split sentences consisting of three-year incarcer-ative terms followed by probationary terms of two years. The recommended guideline sentence was three years’ incarceration.