MARK ERIC OSTERBACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant was sentenced to life imprisonment and a consecutive term of forty years. Under the sentencing guidelines, the recommended range was life imprisonment. The trial court failed to provide contemporaneous written reasons justifying departure. This constituted error. Robinson v. State, 520 So. 2d 1 (Fla.1988); Edwards v. State, 570 So. 2d 1159 (Fla. 5th DCA 1990). However, because the trial court did not realize that it was imposing a departure sentence, on remand the trial court must be permitted to consider whether departure is appropriate and, if so, to set forth valid reasons for departure. State v. Betancourt, 552 So. 2d 1107 (Fla.1989).
We have considered defendant’s other points on appeal and we find them to be without merit.
Therefore, we affirm the convictions and reverse the departure sentence and remand for resentencing.
Judgment AFFIRMED; sentence REVERSED and cause REMANDED.
PETERSON, GRIFFIN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hicks v. State, 577 So. 2d 712 (Fla. 5th DCA 1991)…d the maximum guideline range by ten years. Because the trial court did not realize it was imposing a departure sentence, the trial court must be given an opportunity to depart from the guidelines after remand for resentencing. Osterback v. State, 574 So. 2d 327 (Fla. 5th DCA 1991); State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Waldron v. State, 529 So. 2d 772 (Fla. 2d DCA 1989). The state concedes that, since the appellant committed his crimes prior to July 1, 1988, the permitted guidelines range should…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- Robinson v. State, 520 So. 2d 1 (Fla. 1988)
- Morman v. State, 570 So. 2d 1159 (Fla. 5th DCA 1990)
- Buster L. Terry v. State, 570 So. 2d 1159 (Fla. 5th DCA 1990)