Florida District Courts of Appeal, 1997

State v. Marsh

State v. Marsh
Florida District Courts of Appeal · Decided February 12, 1997 · Dell, Farmer, Klein
687 So. 2d 366; 1997 Fla. App. LEXIS 996; 1997 WL 55699 (Southern Reporter, Second Series)

State v. Marsh

Opinion of the Court

PER CURIAM.

We reverse appellee’s downward departure sentence because the trial court failed to give written reasons. It cannot be determined from the record whether the trial court was aware that it was imposing a departure sentence. Accordingly, on remand, the trial court will not be precluded from imposing a departure sentence so long as valid written reasons are set forth. McGowan v. State, 648 So.2d 1225 (Fla. 4th DCA 1995).

DELL, FARMER and KLEIN, JJ., concur.

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