Matthews v. State

Full title: ROBERT EARL MATTHEWS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 27, 1986

485 So. 2d 887 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-960.

March 27, 1986.

Appeal from the Circuit Court, Orange County, Emerson R. Thompson Jr., J.

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

The trial judge in this case departed from the recommended guideline sentence without providing written reasons therefor. This was done prior to the decision of State v. Jackson, 478 So.2d 1054 (Fla. 1986), which held that departure sentences must be accompanied by written reasons. We must therefore reverse and remand for resentencing in accordance with Jackson.

REVERSED and REMANDED.

SHARP and COWART, JJ., concur.