Florida District Courts of Appeal, 1988

Montes-Oca v. State

Montes-Oca v. State
Florida District Courts of Appeal · Decided September 20, 1988 · Barkdull, Gomez, Nesbitt
530 So. 2d 1105; 13 Fla. L. Weekly 2186; 1988 Fla. App. LEXIS 4147; 1988 WL 96069 (Southern Reporter, Second Series)

Montes-Oca v. State

Opinion of the Court

PER CURIAM.

The defendant was found guilty of burglary and battery. The recommended sentence range was three years incarceration. The defendant was sentenced to three and one-half years even though the trial judge did not state written reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). See State v. Whitfield, 487 So.2d 1045, 1047 (Fla. 1986); State v. Jackson, 478 So.2d 1054 (Fla. 1985). The state concedes the error and states it was the result of an improperly calculated guidelines scoresheet.

Accordingly, we vacate the sentence and remand with directions to impose a sentence within the guidelines.

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