Florida District Courts of Appeal, 1985

Lyons v. State

Florida District Courts of Appeal · Decided February 1, 1985 · Frank, Lehan, Scheb

462 So. 2d 883; 10 Fla. L. Weekly 294; 1985 Fla. App. LEXIS 12083 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Blakistone v. Blakistone (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse defendant’s sentence. The trial court did not state clear and convincing reasons for his departure from the sentencing guidelines. Fla.R.Crim.P. 3.701(d)(ll). In fact, the trial court said he would state his reasons in a later written order, but apparently no such order was entered.

The transcript of the sentencing hearing shows that the trial court gave some indication of his reason for departure. The transcript may be a proper substitute for separately stated written reasons. Smith v. State, 454 So.2d 90 (Fla. 2d DCA 1984). However, we do not conclude that the indications given at the hearing were clear and convincing reasons for departure. Those indications appear to have done no more than refer to elements of the offense for which defendant was convicted.

Reversed and remanded for resentenc-ing.

SCHEB, A.C.J., and LEHAN and FRANK, JJ., concur.

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