State v. Williams

District Court of Appeal of Florida

State v. Williams

707 So. 2d 1212, 1998 Fla. App. LEXIS 4215, 1998 WL 176588

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 1998

DocketNo. 97-2771

StatusPublished

This text of 707 So. 2d 1212 (State v. Williams) 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. Williams, 707 So. 2d 1212, 1998 Fla. App. LEXIS 4215, 1998 WL 176588 (Fla. Ct. App. 1998).

Pincite

Opinion

COBB, Judge.

The trial judge imposed a downward departure sentence on the defendant, Michael Williams, who pled guilty to the offenses of arson and grand theft of a motor vehicle. The bases for the departure listed by the court were:

offense was unsophisticated and defendant showed remorse; victim and defendant intend to marry, victim and defendant have a child together; the offense was an act of passion.

We find that the reasons enunciated by the trial court are insufficient to support a downward departure sentence. See State v. Sachs, 526 So.2d 48 (Fla.1988); State v. Johns, 576 So.2d 1332 (Fla. 5th DCA 1991); State v. Duffer, 509 So.2d 1326 (Fla. 2d DCA 1987); see also State v. McGriff, 698 So.2d 331 (Fla. 2d DCA 1997).

Accordingly, we reverse and remand for imposition of a guideline sentence or withdrawal of the plea. See Shull v. Dugger, 515 So.2d 748 (Fla.1987); McGriff, supra,

REVERSED AND REMANDED.

THOMPSON and ANTOON, JJ., concur.

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