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546 So. 2d 1191

546 So.2d 1191

14 Fla.L.Weekly 1855

Burnett v. State

District Court of Appeal of Florida · decided 1989-08-04

Relies on 478 So. 2d 1054 - State v. Jackson

Decided 1989-08-04

PER CURIAM.

¶1The appellant appeals from his judgment and sentence for aggravated battery and contends that he was improperly sentenced. At sentencing, the trial judge departed upward from the guidelines recommended range in this case without signing a written guidelines departure order although he orally articulated a reason for departure. This is contrary to State v. Jackson, 478 So.2d 1054 (Fla.1985). Therefore, we reverse and remand for resentencing. Any departure sentence should be accompanied by a written departure order.

¶2Judgment affirmed; sentence reversed.

SCHEB, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
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