Street v. State

Full title: DAVID STREET, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 30, 1992

609 So. 2d 779 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-0161.

December 30, 1992.

Appeal from the Circuit Court for Palm Beach County; Sandra K. McSorley, Judge.

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing appellant in excess of twenty-seven years without providing written reasons for departure. See Fla.R.Crim.P. 3.988(g). Because the trial court was under the impression that this case did not involve a departure sentence, it may consider on remand whether departure is appropriate, and, if so, shall set forth valid written reasons supporting departure. State v. Bentancourt, 552 So.2d 1107 (Fla. 1989). See also Roberts v. State, 547 So.2d 129 (Fla. 1989).

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.