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State v. Weaver

District Court of Appeal of Florida, Fifth District
Nov 17, 1995
662 So. 2d 1019 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-0780.

November 17, 1995.

Appeal from the Circuit Court, Orange County, Bob Wattles, J.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance, for Appellee.


The state appeals the defendant's sentence which was imposed for the offenses of forgery, and fraudulent use of a credit card. Specifically, the state contends that the defendant's sentence is an improper downward departure from the guidelines because no contemporaneous written reasons were provided by the trial court to support the departure. We agree and, therefore, reverse.

As a result of having violated his probation, the defendant appeared before the trial court for sentencing. The scoresheet reflected a recommended sentencing range of five-and-one-half to seven years incarceration, and a permitted sentencing range of four-and-one-half to twelve years incarceration. The trial court departed from these guidelines, sentencing the defendant to ninety-nine days in the Orange County jail followed by three years' probation. In so doing, the trial court failed to provide a written statement setting forth the reasons for the downward departure as required by rule 3.701(d)(11), Florida Rules of Criminal Procedure. Failure to provide written reasons for departure requires reversal. Gordon v. State, 649 So.2d 326, 327 (Fla. 5th DCA 1995). Therefore, the defendant's sentence must be vacated, and this matter remanded for imposition of a guideline sentence. See Pope v. State, 561 So.2d 554 (Fla. 1990).

Judgment AFFIRMED, Sentence VACATED; cause REMANDED.

DAUKSCH and HARRIS, JJ., concur.


Summaries of

State v. Weaver

District Court of Appeal of Florida, Fifth District
Nov 17, 1995
662 So. 2d 1019 (Fla. Dist. Ct. App. 1995)
Case details for

State v. Weaver

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. MICHAEL WEAVER, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 17, 1995

Citations

662 So. 2d 1019 (Fla. Dist. Ct. App. 1995)

Citing Cases

State v. Jordan

This is improper, and is so acknowledged by the appellee's brief. See State v. Weaver, 662 So.2d 1019 (Fla.…