State v. Thomas

Full title: The STATE of Florida, Appellant, v. Anthony THOMAS, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 25, 2007

954 So. 2d 1253 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D06-1689.

April 25, 2007.

An Appeal from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge.

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

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

Before GERSTEN, RAMIREZ, and WELLS, JJ.

PER CURIAM.

The 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.