Florida District Courts of Appeal, 1991

State v. Davis

State v. Davis
Florida District Courts of Appeal · Decided May 15, 1991 · Garrett, Glickstein, Warner
579 So. 2d 375; 1991 Fla. App. LEXIS 4614; 1991 WL 76523 (Southern Reporter, Second Series)

State v. Davis

Opinion of the Court

PER CURIAM.

The state challenges the trial court’s imposition of a sentence below the recommended guidelines. The trial court gave oral reasons but failed to reduce them to writing. Because the court failed to give written reasons, we must reverse for entry of a sentence within the guidelines range. This is the holding of Pope v. State, 561 So.2d 554 (Fla. 1990) which we are required to follow, especially since Pope specifically receded from that portion of Barbera v. State, 505 So.2d 413 (Fla. 1987) which on remand had permitted the trial court to provide written reasons for a downward departure sentence when none had been prepared at the initial sentencing. Parenthetically, the orally announced reason for departing downward from the guidelines sentence in this case was the same as in Barbera.

Reversed and remanded.

GLICKSTEIN, WARNER and GARRETT, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.