Summary
In Padgett, the court under similar circumstances remanded with directions to the trial court to provide written reasons supporting the departure sentence.
Summary of this case from Brown v. StateOpinion
No. 86-2530.
December 20, 1988.
An appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.
Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.
Before NESBITT and FERGUSON, JJ., and ROBERT C. SCOTT, Associate Judge.
Because the defendant claims and the state concedes that the trial court erred in not providing written reasons for departing from the sentencing guidelines as required by Florida Rule of Criminal Procedure 3.701(d)(11), we vacate the sentence and remand with directions to the trial court to provide written reasons supporting the departure sentence. See State v. Johnson, 533 So.2d 939 (Fla. 3d DCA 1988); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988); State v. Adams, 528 So.2d 548 (Fla. 3d DCA 1988).