Opinion
No. 95-2732.
August 30, 1996.
An appeal from the Circuit Court for Orange County, Bob Wattles, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and E. Paul Stanley, Assistant Attorney General, Daytona Beach, for Appellant.
James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellee.
Upon violation of probation by Jordan, the trial court entered a downward departure sentence without setting forth any written reasons for such departure. This is improper, and is so acknowledged by the appellee's brief. See State v. Weaver, 662 So.2d 1019 (Fla. 5th DCA 1995); State v. Williams, 652 So.2d 517 (Fla. 5th DCA 1995); Fla. R.Crim. P. 3.701(d)(11). Moreover, the oral reasons expressed by the trial court for the downward departure are insufficient.
REVERSED AND REMANDED FOR SENTENCING WITHIN THE GUIDELINES.
W. SHARP and GOSHORN, JJ., concur.