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Crews v. State

District Court of Appeal of Florida, Second District
Nov 8, 1985
477 So. 2d 1093 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-314.

November 8, 1985.

Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.

James Marion Moorman, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


Appellant was sentenced to five years imprisonment for grand theft. On appeal, the parties offer differing calculations of the presumptive range under the guidelines, but under either interpretation the sentence constituted a departure. Because the record lacks a written statement delineating the reasons for departure, we reverse appellant's sentence. State v. Jackson, 478 So.2d 1054 (Fla. 1985). On remand for resentencing, we assume that the parties will express their positions with respect to scoring so that the judge will be able to determine the proper range. Should the judge once again decide to depart, the reasons for departure must be stated in writing. Any party aggrieved by the new sentence may file a new appeal. The judgment is otherwise affirmed.

SCHEB and SCHOONOVER, JJ., concur.


Summaries of

Crews v. State

District Court of Appeal of Florida, Second District
Nov 8, 1985
477 So. 2d 1093 (Fla. Dist. Ct. App. 1985)
Case details for

Crews v. State

Case Details

Full title:WILLIAM A. CREWS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 8, 1985

Citations

477 So. 2d 1093 (Fla. Dist. Ct. App. 1985)

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