Opinion
No. 89-2020.
February 27, 1990.
Appeal from the Circuit Court, Dade County, Amy Steele Donner, J.
Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Patricia Ann Ash, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.
ON CONFESSION OF ERROR
The defendant appeals from an extraguidelines sentence imposed solely on the finding that Thompson was an habitual offender. As the state correctly concedes, the sentence was erroneous, both because the court failed to make an express determination that the defendant is a threat to the community as required by section 775.084, Florida Statutes (1987), Davis v. State, 557 So.2d 60 (Fla. 3d DCA 1989); Donaldson v. State, 519 So.2d 737 (Fla. 3d DCA 1988), and because the sentence was not accompanied by written reasons — apart from the insufficient ground of habitual offender status — which justify the departure. Davis v. State, 557 So.2d 60 (Fla. 3d DCA 1989); Watts v. State, 525 So.2d 992 (Fla. 2d DCA 1988).
Accordingly, the sentence is reversed and the cause is remanded for appropriate resentencing.