Walker v. State

Full title: MATTHEW WALKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 1, 1989

550 So. 2d 563 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-0819.

November 1, 1989.

Appeal from the Circuit Court for Palm Beach County; Marvin U. Mounts, Jr., Judge.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The state concedes that the trial court failed to give written reasons for appellant's upward departure sentence. Fla.R. Crim.P. 3.701(d)(11). Both parties agree there was a plea agreement. Quarterman v. State, 527 So.2d 1380, 1382 (Fla. 1988). Accordingly, the sentence is vacated and remanded with directions to enter a written statement delineating the reason for departure.

SENTENCE VACATED AND REMANDED WITH DIRECTIONS.

LETTS, WARNER and GARRETT, JJ., concur.