Crigler v. State

District Court of Appeal of Florida

Crigler v. State

526 So. 2d 176, 13 Fla. L. Weekly 1334, 1988 Fla. App. LEXIS 2255, 1988 WL 54537

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 1988

DocketNo. 86-2561

StatusPublished

Cited by2 cases

This text of 526 So. 2d 176 (Crigler v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crigler v. State, 526 So. 2d 176, 13 Fla. L. Weekly 1334, 1988 Fla. App. LEXIS 2255, 1988 WL 54537 (Fla. Ct. App. 1988).

Pincite

Opinion

HALL, Judge.

Marilyn Crigler appeals her sentence for manslaughter. She contends that the trial court erred in departing from the recommended guidelines sentence without providing written reasons in support thereof. We agree.

The instant case is before this court for a second time. Previously, the appellant appealed her conviction of manslaughter and sentence of twelve years in prison. We reversed and remanded this case to the trial court for a determination as to whether six prior misdemeanor convictions were uncounseled and therefore not scorable. 487 So.2d 420.

On remand the trial court struck the misdemeanor convictions, again imposed a twelve-year sentence, and orally gave several reasons for departure. These reasons were never reduced to writing by the trial court.

We find that the trial court failed to provide written reasons justifying the departure.

Accordingly, we reverse and remand for resentencing within the presumptive guidelines range.

Reversed and remanded.

RYDER, A.C.J., and THREADGILL, J., concur.

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