Opinion
Case No. 96-00406
Opinion filed June 13, 1997.
Appeal from the Circuit Court for Hendry County; Franklin G. Baker, Judge.
James Marion Moorman, Public Defender and Joanna B. Conner, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Sherry Hunter, in Case No. 94-161, was adjudicated guilty of uttering a forged instrument. She was placed on probation, which she subsequently violated, and was then placed on community control. On January 16, 1996, Hunter admitted the community control violation. The trial court, orally pronouncing sentence, departed from the guidelines but never reduced the reasons to a writing. Accordingly, Hunter must be resentenced within the guidelines. Cherubin v. State, 682 So.2d 173 (Fla. 2d DCA 1996). The trial court should note that this opinion applies only to Case No.
Reversed and remanded for resentencing within the guidelines.
LAZZARA and WHATLEY, JJ., Concur.