State v. Lawler

Florida District Courts of Appeal October 12, 1988

State v. Lawler, 531 So. 2d 752 (1988)

13 Fla. L. Weekly 2316; 1988 Fla. App. LEXIS 4472; 1988 WL 103935

Anstead, Letts, Walden

Opinion of the Court

PER CURIAM.

In this criminal prosecution the trial court made a downward departure from the recommended sentencing guideline range without assigning written legal rea*753sons therefor. This was error. Fla.R. Crim.P. 3.701(d)(ll). State v. Nichols, (Fla. 4th DCA 1988); State v. Matthews, 522 So.2d 1026 (Fla. 2d DCA 1988); State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

We reverse and remand with instructions to either sentence within the recommended guidelines range, or, to provide written reasons for any departure therefrom.

REVERSED AND REMANDED.

ANSTEAD, LETTS and WALDEN, JJ., concur.

Reference

Full Case Name: STATE of Florida v. Nathaniel LAWLER
Cited By: 1 case
Status: Published