State v. Lyons

District Court of Appeal of Florida

State v. Lyons

578 So. 2d 489, 1991 Fla. App. LEXIS 3719, 1991 WL 61804

CourtDistrict Court of Appeal of Florida

DecidedApril 25, 1991

DocketNo. 90-2023

StatusPublished

Cited by1 cases

This text of 578 So. 2d 489 (State v. Lyons) 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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State v. Lyons, 578 So. 2d 489, 1991 Fla. App. LEXIS 3719, 1991 WL 61804 (Fla. Ct. App. 1991).

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Opinion

PETERSON, Judge.

The state appeals a downward departure from the sentencing guidelines. The defendant’s score sheet reflected a recommended range of four and one-half to five and one-half years for the two burglary and one grand theft offenses. The trial court stated orally his reasons for imposing concurrent terms of two years followed by two years’ probation for each offense, but written reasons were not placed into the record. Written reasons are required for both downward and upward departures. See State v. McCall, 573 So.2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So.2d 204 (Fla. 5th DCA 1990). A sentencing transcript does not satisfy the requirement of written reasons for a departure. See State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987).

We must vacate the sentence and remand for sentencing within the guidelines. See Pope v. State, 561 So.2d 554 (Fla.1990)

Sentence VACATED; REMANDED.

COWART and DIAMANTIS, JJ., concur.

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PETERSON, Judge.

The state appeals a downward departure from the sentencing guidelines. The defendant’s score sheet reflected a recommended range of four and one-half to five and one-half years for the two burglary and one grand theft offenses. The trial court stated orally his reasons for imposing concurrent terms of two years followed by two years’ probation for each offense, but written reasons were not placed into the record. Written reasons are required for both downward and upward departures. See State v. McCall, 573 So.2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So.2d 204 (Fla. 5th DCA 1990). A sentencing transcript does not satisfy the requirement of written reasons for a departure. See State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987).

We must vacate the sentence and remand for sentencing within the guidelines. See Pope v. State, 561 So.2d 554 (Fla.1990)

Sentence VACATED; REMANDED.

COWART and DIAMANTIS, JJ., concur.

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578 So. 2d 489, 1991 Fla. App. LEXIS 3719, 1991 WL 61804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lyons-fladistctapp-1991.

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