Summary
reversing sentence of four years probation followed by two years community control on the authority of Betancourt, as an upward departure from the sentencing guidelines
Summary of this case from Reed v. StateOpinion
No. 90-2919.
July 24, 1991.
Appeal from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse appellant's sentence of four years in prison followed by two years of community control as an upward departure from the sentencing guidelines not supported by written reasons. See State v. Betancourt, 552 So.2d 1107 (Fla.), approving in part Betancourt v. State, 550 So.2d 1121 (Fla. 3d DCA 1989); State v. Mestas, 507 So.2d 587 (Fla. 1987). Our review of the record leads us to conclude that the trial court did not realize that the sentence was a departure. Accordingly, on remand, the trial court shall either set forth valid reasons for departure or sentence appellant within the guidelines. See Merritt v. State, 567 So.2d 1031 (Fla. 4th DCA 1990).
REVERSED AND REMANDED.
STONE and GARRETT, JJ., concur.