Opinion
No. 97-2771.
Opinion filed April 17, 1998. JANUARY TERM 1998.
Appeal from the Circuit Court for Seminole County, Seymour Benson, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellant.
James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellee.
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, 518 So.2d 748 (Fla. 1987); McGriff, supra.
REVERSED AND REMANDED.
THOMPSON and ANTOON, JJ., concur.