State v. Walker

Full title: STATE OF FLORIDA, Appellant, v. LESEAN WALKER a/k/a TERRENCE HALL, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 14, 1999

731 So. 2d 98 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2540

Opinion filed April 14, 1999 JANUARY TERM 1999

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 97-15480 CF10A.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals a departure sentence imposed by the trial court and argues that the reason given for the downward departure was not valid. After a psychological evaluation was presented, the trial court found that the defendant suffered from a mental disorder unrelated to his drug addiction. This is a valid reason for departure. See § 921.0016(4)(d), Fla. Stat. (1997). We affirm, but remand to the trial court to file its written reasons for departing from the sentencing guidelines. See State v. Cruz, 710 So.2d 123 (Fla. 4th DCA 1998).

AFFIRMED and REMANDED to the trial court to file its written reason for imposing a downward departure sentence.

GUNTHER, TAYLOR and HAZOURI, JJ., concur.