State v. Thomas

The STATE of Florida, Appellant, v. Anthony THOMAS, Appellee.

District Court of Appeal of Florida

Decided April 25, 2007.

District Court of Appeal of Florida · decided 2007-04-25

Relies on State v. Brown · State v. Jones · Adams v. State

Decided 2007-04-25

¶1Bill McCollum, Attorney General, and Laura Moszer, Assistant Attorney General, for appellant.

¶2Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellee.

¶3Before GERSTEN, RAMIREZ, and WELLS, JJ.

¶4PER CURIAM.

¶5The trial court erred by imposing a downward departure sentence upon the defendant, over the State's objection, without providing a written statement delineating the reasons for the departure. See Fla. R.Crim. P. 3.701(d)(11); State v. Sherman, 909 So.2d 963 (Fla. 3d DCA 2005); State v. Jones, 579 So.2d 884 (Fla. 2d DCA 1991); State v. Brown, 542 So.2d 1371 (Fla. 4th DCA 1989). Accordingly, we reverse and remand for further proceedings.