State v. McDavid

Full title: THE STATE OF FLORIDA, APPELLANT, v. TIMOTHY McDAVID, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 25, 1988

532 So. 2d 1125 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2304.

October 25, 1988.

An Appeal from the Circuit Court for Dade County; Ralph N. Person, Judge.

Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

We vacate the sentence because the trial court deviated from the recommended guidelines sentence without providing written reasons. State v. Adams, 528 So.2d 548 (Fla. 3d DCA 1988). Furthermore, we note that defendant's compliance with the trial court's prior order is not a valid basis for departure from the guidelines. State v. Frederick, 525 So.2d 491 (Fla. 3d DCA 1988); State v. Taylor, 482 So.2d 578 (Fla. 5th DCA 1986).

Vacated and remanded with directions to the trial court to provide appropriate written reasons for downward departure from the guidelines.