Edwards v. State

Full title: RONNIE EDWARDS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Sep 6, 2000

Case No. 1D98-552 (Fla. Dist. Ct. App. Sep. 6, 2000)

Opinion

Case No. 1D98-552.

September 6, 2000.

An appeal from the Circuit Court for Madison County.

James Roy Bean, Judge.

Nancy A. Daniels, Public Defender; David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Sherri Tolar Rollison, Assistant Attorney General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

Ronnie Edwards has challenged a sentence which departs from the sentencing guidelines following his conviction for aggravated assault. Although the trial court announced its reason for departure at the sentencing hearing, the trial court did not reduce its reasons for departure to writing. This court recently held on the authority of Maddox v. State, 760 So.2d 89 (Fla. 2000), that a departure sentence for which no written reasons were filed must be reversed and be remanded for resentencing under the guidelines. See Butler v. State, No. 1D96-4448, (Fla. 1st DCA August 16, 2000).

Accordingly, this cause is REVERSED and REMANDED for resentencing in accordance with the sentencing guidelines.

BARFIELD, C.J., VAN NORTWICK AND PADOVANO, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.