Opinion
No. 89-02251.
October 26, 1990.
Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.
James Marion Moorman, Public Defender and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.
The state concedes that appellant's sentence of two and one-half years in prison, followed by two years on community control, represents a departure from the sentencing guidelines recommendation. See State v. VanKooten, 522 So.2d 830 (Fla. 1988). Since no reasons for the departure were provided, appellant must be resentenced. It appears from the record that the trial court was unaware the sentence represented a departure. Accordingly, the court has the option, after remand, of imposing a departure sentence if supported in writing by valid criteria. State v. Betancourt, 552 So.2d 1107 (Fla. 1989).
Reversed.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.