Ramsey v. State, 84-804

• Decision Date: 30 January 1985
• Docket Number: No. 84-804,84-804
• Citation: Ramsey v. State, 462 So.2d 875, 10 Fla. L. Weekly 291 (Fla. App. 1985)
• Parties: 10 Fla. L. Weekly 291 Leonard J. RAMSEY, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 875

462 So.2d 875

10 Fla. L. Weekly 291

Leonard J. RAMSEY, Appellant, v. STATE of Florida, Appellee.

No. 84-804.

District Court of Appeal of Florida Second District.

Jan. 30, 1985.

James Marion Moorman, Public Defender, Bartow, and Allyn Gaimbalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

THOMPSON, JAMES R., Associate Judge.

The appellant, Leonard J. Ramsey, seeks reversal of the sentence imposed by the trial court which departed from the sentencing guidelines. Fla.Rule Crim.P. 3.701. On appeal Ramsey argues that the trial court erred in sentencing him outside the recommended guidelines because the court gave no reasons at sentencing or with the judgment and sentence to justify the departure. We agree. Florida Rule of Criminal Procedure 3.701(d)(11) provides that any sentence outside the guidelines must be accompanied by a written statement delineating the reasons for departure. Although this court recognizes that reasons for departure stated in the transcript may satisfy this requirement, see Webster v. State, 461 So.2d 965 (Fla. 2d DCA 1984), in this case no reasons were given by the lower court in a written statement or orally at the sentencing hearing.

We note that the failure of the appellant's counsel to contemporaneously object to the sentence imposed does not...