Opinion
No. 84-1864.
May 22, 1985. Rehearing and Clarification Denied June 12, 1985.
Appeal from the Circuit Court for Broward County; Mark A. Speiser, Judge.
Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse and vacate the appellant's sentence because the trial judge departed from the sentencing guidelines without clear and convincing reasons. We remand this cause to the trial court with directions to either provide a written statement delineating clear and convincing reasons for departure or to resentence appellant under the guidelines. Boynton v. State, 10 FLW 795 (Fla. 4th DCA March 27, 1985).
DOWNEY, HERSEY, and BARKETT, JJ., concur.