Opinion
Case No. 96-2636
Opinion filed May 14, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 95-13784 CF10.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, who was sentenced as a youthful offender as a result of violating her probation was given a departure sentence of four years in prison with no written reasons for the departure. We agree that section 958.04(3), Florida Statutes (1995) requires written reasons for a departure sentence under these circumstances. We reject the state's argument that this sentence was permissible under section 958.04(2)(d) or section 958.14, Florida Statutes. We affirm the revocation, but reverse and remand for sentencing within the guidelines.
GLICKSTEIN and KLEIN, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.