¶1We reverse appellee’s downward departure sentence because the trial court failed to give written reasons. It cannot be determined from the record whether the trial court was aware that it was imposing a departure sentence. Accordingly, on remand, the trial court will not be precluded from imposing a departure sentence so long as valid written reasons are set forth. McGowan v. State, 648 So.2d 1225 (Fla. 4th DCA 1995).
687 So. 2d 366
State v. Marsh
District Court of Appeal of Florida
Decided February 12, 1997
District Court of Appeal of Florida · decided 1997-02-12
Relies on 648 So. 2d 1225 - McGowan v. State
Decided 1997-02-12