State v. Williams

Full title: STATE OF FLORIDA, APPELLANT, v. DERRICK L. WILLIAMS, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 7, 1995

652 So. 2d 517 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1514.

April 7, 1995.

Appeal from the Circuit Court for Orange County; John H. Adams, Sr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellee.

PETERSON, Judge.

We vacate the "reverse split sentence" which was imposed upon the appellant without contemporaneous written reasons for the downward departure, and we remand for sentencing within the guidelines. § 948.01(11), Fla. Stat. (1991); Bell v. State, 651 So.2d 237 (Fla. 5th DCA 1995); State v. Disbrow, 626 So.2d 1123 (Fla. 5th DCA 1993), approved, 642 So.2d 740 (Fla. 1994).

SENTENCE VACATED; REMANDED.

HARRIS, C.J., and GRIFFIN, J., concur.