Davis v. State, s. 85-981
| Decision Date | 16 January 1986 |
| Docket Number | 85-982,Nos. 85-981,s. 85-981 |
| Citation | 11 Fla. L. Weekly 212,481 So.2d 562 |
| Parties | 11 Fla. L. Weekly 212 Gregory DAVIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court, for Seminole County; C. Vernon Mize, Jr., Judge.
James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from a sentencing guideline departure for convictions of forgery 1 and grand theft. 2 At sentencing, the trial judge orally announced reasons for departing from the sentencing guidelines which were transcribed by the court reporter. The court, however, failed to enter a separate order providing the reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). Recently, the supreme court held that reliance on the record alone is an improper method for delineating reasons for departure, State v. Jackson, 478 So.2d 1054 (Fla.1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing.
REVERSED and REMANDED.
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