State v. Cruz, 97-2524
| Decision Date | 15 April 1998 |
| Docket Number | No. 97-2524,97-2524 |
| Citation | 710 So.2d 123 |
| Parties | 23 Fla. L. Weekly D972 STATE of Florida, Appellant, v. Michael CRUZ, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellee.
This is an appeal by the State of Florida from the downward departure sentence imposed by the trial court following Michael Cruz' plea of guilty to grand theft and burglary of a dwelling. We affirm, but remand so that the trial court may file its written reasons for departing from the sentencing guidelines.
In Pease v. State, 22 Fla. L. Weekly S624 (Fla. Oct. 9, 1997), the supreme court held that where, as here, the trial court orally pronounces a valid reason for a downward departure sentence, the court's failure to file written reasons should not result in a guidelines sentence; rather, the matter is properly remanded for the trial court to file its written reasons. See State v. Stallman, 707 So.2d 353 (Fla. 2d DCA 1998). In the instant case, the record discloses that the trial judge departed from the sentencing guidelines on the ground that appellant was a drug addict who could be helped by the Fern House drug program. The trial court made this finding after hearing from a representative of Fern House who had interviewed appellant and who found appellant to be a suitable candidate. This is a valid ground for departure. See § 921.0016(4)(d), Fla. Stat. (1995). 1
AFFIRMED and REMANDED for the trial court to file its written reasons for imposing a downward departure sentence.
1 Had appellant committed his crimes after July 1, 1997, rather than on April 22, 1997, he could not have received a downward departure sentence on this ground. See § 921.0016(4)(d), (5), Fla. Stat. (1997).
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State v. Cummings, No. 5D99-1331
...to be treated for the condition is the only evidence in the record as to whether Cummings is amenable to treatment. See State v. Cruz, 710 So.2d 123 (Fla. 4th DCA 1998) (trial court found that appellant, a drug addict, could be helped by Fern House drug program based on Fern House represent......
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Pierre v. State, 97-2456
...Pease v. State, --- So.2d ---- (Fla. Case no. 87,571, opinion filed, October 9, 1997)[22 FLW S624] (downward departure); State v. Cruz, 710 So.2d 123 (Fla. 4th DCA 1998)(same); State v. Stallman, 707 So.2d 353 (Fla. 2d DCA In addition, the sentence for the multiple offenses of which the def......
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State v. Baksh, 4D99-2803.
...be remanded so that the trial court may file its written reasons for departing from the sentencing guidelines. See State v. Cruz, 710 So.2d 123, 123 (Fla. 4th DCA 1998). In so holding, this court relied upon Pease v. State, 712 So.2d 374 (Fla. 1997). See id. In that case, the supreme court ......
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State v. Baez
...for appellee. PER CURIAM. We reverse the sentence imposed in this case and remand for a new sentencing hearing. See State v. Cruz, 710 So.2d 123 (Fla. 4th DCA 1998); White v. State, 702 So.2d 1327 (Fla. 4th DCA 1997); State v. Alvarez, 709 So.2d 194 (Fla. 3d DCA 1998); State v. Hillhouse, 7......