# State v. Brown

> District Court of Appeal of Florida · June 16, 1987 · 12 Fla. L. Weekly 1485

URL: https://www.frixlaw.com/law-library/cases/7558598

## Case

- **Full name:** The STATE of Florida v. James D. BROWN
- **Court:** District Court of Appeal of Florida
- **Decided:** June 16, 1987
- **Citations:** 12 Fla. L. Weekly 1485; 508 So. 2d 542; 1987 Fla. App. LEXIS 8854
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Barkdull, Jorgenson, Pearson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7558598

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7558598. Public record. Not legal advice.