State v. Brown

District Court of Appeal of Florida

State v. Brown

508 So. 2d 542, 12 Fla. L. Weekly 1485, 1987 Fla. App. LEXIS 8854

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1987

DocketNos. 86-2688, 86-2689

StatusPublished

This text of 508 So. 2d 542 (State v. Brown) 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

State v. Brown, 508 So. 2d 542, 12 Fla. L. Weekly 1485, 1987 Fla. App. LEXIS 8854 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The appellee, James D. Brown, concedes that the trial court did not furnish any reasons, written or otherwise, for its downward departure from the sentencing guidelines. We reverse the sentences imposed and remand to the trial court with directions to resentence the defendant within the guidelines. In so doing, v/e direct the trial court’s attention to Williams v. State, 500 So.2d 501, 503 (Fla.1986), wherein the court stated, “If a departure is not supported by clear and convincing reasons, the mere fact that a defendant agrees to it does not make it a legal sentence.” See [543]*543also State v. McCarthy, 502 So.2d 955 (Fla. 2d DCA 1987).

Reversed and remanded with directions.

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PER CURIAM.

The appellee, James D. Brown, concedes that the trial court did not furnish any reasons, written or otherwise, for its downward departure from the sentencing guidelines. We reverse the sentences imposed and remand to the trial court with directions to resentence the defendant within the guidelines. In so doing, v/e direct the trial court’s attention to Williams v. State, 500 So.2d 501, 503 (Fla.1986), wherein the court stated, “If a departure is not supported by clear and convincing reasons, the mere fact that a defendant agrees to it does not make it a legal sentence.” See [543]*543also State v. McCarthy, 502 So.2d 955 (Fla. 2d DCA 1987).

Reversed and remanded with directions.

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508 So. 2d 542, 12 Fla. L. Weekly 1485, 1987 Fla. App. LEXIS 8854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-fladistctapp-1987.

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