State v. Lawler, 88-0602

• Decision Date: 12 October 1988
• Docket Number: No. 88-0602,88-0602
• Parties: 13 Fla. L. Weekly 2316 STATE of Florida, Appellant, v. Nathaniel LAWLER, Appellee.
• Court: Florida District Court of Appeals

Page 752

531 So.2d 752

13 Fla. L. Weekly 2316

STATE of Florida, Appellant, v. Nathaniel LAWLER, Appellee.

No. 88-0602.

District Court of Appeal of Florida, Fourth District.

Oct. 12, 1988.

Appeal from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

In this criminal prosecution the trial court made a downward departure from the recommended sentencing guideline range without assigning written legal reasons therefor. This was error. Fla.R.Crim.P. 3.701(d)(11). State v. Nichols, (Fla. 4th DCA 1988); State v. Matthews, 522 So.2d 1026 (Fla. 2d DCA 1988); State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

We reverse and remand with instructions to either sentence within the recommended guidelines range, or, to provide written reasons for any departure therefrom.

REVERSED AND REMANDED.

ANSTEAD, LETTS and WALDEN, JJ., concur.