McGinnis v. State

District Court of Appeal of Florida

McGinnis v. State

486 So. 2d 84, 11 Fla. L. Weekly 875, 1986 Fla. App. LEXIS 7228

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 1986

DocketNo. 85-381

StatusPublished

This text of 486 So. 2d 84 (McGinnis 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.

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McGinnis v. State, 486 So. 2d 84, 11 Fla. L. Weekly 875, 1986 Fla. App. LEXIS 7228 (Fla. Ct. App. 1986).

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Opinion

SANDERLIN, Judge.

Appellant appeals his judgment and sentence for handling and fondling a female child under the age of fourteen. We find merit in only one of the four points he raises on appeal.

The trial court sentenced appellant to ten years’ imprisonment, exceeding the guidelines recommendation of community control or 12-30 months’ imprisonment. On the guidelines scoresheet in the space provided for written reasons, appear the words “see sentencing transcript filed in file.”

The sentencing hearing transcript is not enough to satisfy the requirement of written reasons for departure. State v. Jackson, 478 So.2d 1054 (Fla.1985). Therefore, [85]*85appellant’s sentence is reversed and remanded for resentencing.

DANAHY, A.G.J., and LEHAN, J., concur.

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