Summary
In Pierre, this court reversed an upward departure sentence and remanded for sentencing within the guidelines, because the trial court did not file written reasons within seven days.
Summary of this case from Jordan v. StateOpinion
No. 97-2456.
Opinion filed April 29, 1998. JANUARY TERM, A.D. 1998.
An Appeal from the Circuit Court for Dade County, Lauren Levy Miller, Judge. L.T. No. 95-25295
Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Dominique T. Suite-Brown (Fort Lauderdale), Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ.
Although the trial judge announced at sentencing that she was imposing an upward departure sentence because of subsequent crimes, see Harris v. State, 685 So.2d 1282 (Fla. 1996), she did not file written reasons in support of the departure within seven days thereafter as required by section 921.0016(1)(c), Florida Statutes (1997) and Florida Rule of Criminal Procedure 3.703(d)(29)(A). The sentence is therefore vacated for imposition of a guidelines sentence. See State v. Colbert, 660 So.2d 701 (Fla. 1995); Owens v. State, 598 So.2d 64 (Fla. 1992); Hoffman v. State, 700 So.2d 765 (Fla. 3d DCA 1997). Compare Pease v. State, ___ So.2d ___ (Fla. Case no. 87,571, opinion filed, October 9, 1997) [22 FLW S624] (downward departure); State v. Cruz, ___ So.2d ___ (Fla. 4th DCA Case no. 97-2524, opinion filed, April 15, 1998) (same); State v. Stallman, ___ So.2d ___ (Fla. 2d DCA Case no. 96-04947, opinion filed, January 28, 1998) [23 FLW D369] (same).
In addition, the sentence for the multiple offenses of which the defendant was convicted included one for grand theft which exceeded the statutory maximum of five years. Upon remand the sentence for this offense (Count V) should be corrected accordingly.
There is no claim of error in the convictions and they are therefore affirmed.
Affirmed in part, vacated in part and remanded.