Deegan v. State
Deegan v. State
Opinion of the Court
The trial court, without giving any written reasons for doing so, imposed a sentence for revocation of probation that constituted a two-cell deviation from the guideline sentence for appellant’s underlying offense of battery on a law enforcement officer. Although a trial court may make a one-cell deviation from the guidelines after revocation of probation without giving a reason for departure, written reasons for departure must accompany any greater deviation. The Florida Bar Re: Rules of Criminal Procedure, 482 So.2d 311 (Fla. 1985); Rule 3.701(d)(11), (14), Fla.R.Crim.P.; Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984). We therefore vacate the sentence imposed by the trial court and remand the case for resentencing.
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.