Opinion

State v. Brown

  • 12 Fla. L. Weekly 1485
  • 508 So. 2d 542
  • 1987 Fla. App. LEXIS 8854
Court
District Court of Appeal of Florida
Filed
Jun 16, 1987
Status
Published
On the bench
Barkdull, Jorgenson, Pearson
Cited by
0 cases
Authority
More cited than 26.4%

The opinion

PER CURIAM.

The appellee, James D. Brown, concedes that the trial court did not furnish any reasons, written or otherwise, for its downward departure from the sentencing guidelines. We reverse the sentences imposed and remand to the trial court with directions to resentence the defendant within the guidelines. In so doing, v/e direct the trial court’s attention to Williams v. State, 500 So.2d 501, 503 (Fla.1986), wherein the court stated, “If a departure is not supported by clear and convincing reasons, the mere fact that a defendant agrees to it does not make it a legal sentence.” See *543 also State v. McCarthy, 502 So.2d 955 (Fla. 2d DCA 1987).

Reversed and remanded with directions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.