Opinion
Nos. 97-00524, 97-00563, 97-00564
Opinion filed December 18, 1998.
Appeal from the Circuit Court for Collier County; William L. Blackwell, Judge.
James Marion Moorman, Public Defender and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.
In these consolidated appeals, Allison challenges his sentences in circuit court case numbers 92-1547 and 93-429. He contends, and the State concedes, that the trial court erred in utilizing separate guidelines score sheets in sentencing him for the criminal conduct committed in each of the two cases. We reverse.
The trial court's sentencing of Allison based on two separate score sheets and ordering the sentences to run consecutively resulted in an upward departure sentence for which no written reasons were provided. Allison's two pre-1994 crimes required the trial court to use a single score sheet. See State v. Tito, 616 So.2d 39 (Fla. 1993). Accordingly, we reverse and remand for resentencing.
We also note that the transcript of the sentencing hearing reflects the trial court's lack of awareness that it was departing from the sentencing guidelines. On remand, the trial court may depart from the guidelines, but it must file written reasons to support the departure. See State v. Perez, 703 So.2d 1131 (Fla. 2d DCA 1997).
We reverse the sentences in case numbers 92-1547 and 93-429 and remand for resentencing in accordance with this opinion.
PARKER, C.J. and FULMER, J., Concur.