STATE OF FLORIDA, APPELLANT,
v.
RICHARD WISHHART, APPELLEE
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NORTHCUTT, Judge.
The State challenges the circuit court’s decision to impose a downward departure sentence after Richard Wishhart pleaded guilty to felony and misdemeanor charges. We note that the court never really stated any reasons for the departure, either on the record at the hearing or in its written order. While we may affirm a downward departure sentence when the court fails to enter written reasons but has announced valid reasons at sentencing, we must reverse when it gives no reasons at all. Cf. Pease v. State, 712 So. 2d 374 (Fla.1997).
Wishhart has suggested several hypotheses to explain why the court might have decided to depart from the guidelines. We have reviewed his suggestions and find them to have no merit. We reverse and remand for resentencing pursuant to the guidelines.
CAMPBELL, A.C.J., and SALCINES, J., Concur.
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Citator
Cited By
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State v. Teal, 831 So. 2d 1254 (Fla. 2d DCA 2002)…ed to clarify [*1256] them at the conclusion of the hearing. As such it is distinguishable from those instances in which a court absolutely fails to state any reasons, which requires sentencing within the guidelines on remand. See State v. Wishhart, 738 So. 2d 1004 (Fla. 2d DCA 1999). Here, Mr. Teal’s situation might justify departure — if proven by a preponderance of the evidence. Because the evidence was insufficient to support the court’s decision to depart downward, however, we reverse and remand for furth…
Authorities Cited
- Pease v. State, 712 So. 2d 374 (Fla. 1997)