Florida District Courts of Appeal, 1986

Amoroso v. State

Amoroso v. State
Florida District Courts of Appeal · Decided April 30, 1986 · Anstead, Dell, Walden
487 So. 2d 415; 11 Fla. L. Weekly 993; 1986 Fla. App. LEXIS 7572 (Southern Reporter, Second Series)

Amoroso v. State

Opinion of the Court

PER CURIAM.

We have considered the several points on appeal and, except for sentencing, find that no reversible error has been demonstrated.

The trial court departed from the sentencing guidelines and enhanced defendant’s sentence to ten (10) years incarceration. This was error.

The trial court orally stated several reasons for the departure, none of which, according to well-established case law, are legally sufficient. In light of this insufficiency, it would be pointless to remand for a written statement delineating the reasons for the departure as required by Florida Rule of Criminal Procedure 3.701(d)(ll) and Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985), approved 478 So.2d 351 (Fla. 1985).

We reverse the sentence and remand with directions that the trial court impose a sentence within the sentencing guidelines.

REVERSED and REMANDED.

ANSTEAD, DELL and WALDEN, JJ., concur.

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