State v. Frederick, 525 So. 2d 491

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

No appearance for appellee.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The downward departure sentence in this case does not comply with section 921.001(6), Florida Statutes (Supp. 1986), Florida Rules of Criminal Procedure 3.701(b)(6) and 3.701(d)(11), or the applicable case law. See State v. Jackson, 478 So.2d 1054 (Fla. 1985) (trial court must give written reasons for any guidelines departure); accord State v. Lemon, 517 So.2d 117 (Fla. 3d DCA 1987). We, therefore, vacate and remand for the entry of an appropriate written order. In so doing, we direct the trial court‘s attention to State v. Taylor, 482 So.2d 578 (Fla. 5th DCA 1986) (defendant‘s compliance with court order not a proper basis for departing from sentencing guidelines).

Vacated and remanded with directions.

Case Details

Case Name: State v. Frederick

Court Name: District Court of Appeal of Florida

Date Published: May 24, 1988

Citations: 525 So. 2d 491; 1988 WL 50679; 87-2058

Docket Number: 87-2058

Court Abbreviation: Fla. Dist. Ct. App.