State v. Howell
State v. Howell
Opinion of the Court
The state challenges a downward departure sentence that was imposed without regard to the requirements of Ree v. State, 565 So.2d 1329 (Fla. 1990). Specifically, the trial court failed to issue contemporaneous written reasons when it sentenced appellee to community control and a term of probation; appellee’s guidelines scoresheet recommended 7 to 9 years in prison.
The challenged sentence is vacated, and the cause remanded for resentencing.
. At sentencing, the state only sought a five year sentence, which represented the statutory maximum for appellee's third-degree felony (attempted lewd assault on a child).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.