627 So. 2d 608

STATE of Florida, Appellant, v. Darrell Richard SPANGLER, Appellee.

No. 93-389.

District Court of Appeal of Florida, Fifth District.

Dec. 10, 1993.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellee.

DIAMANTIS, Judge.

The state appeals a downward departure sentence. We reverse.

The trial court departed from the recommended sentencing guidelines and sentenced Darrell R. Spangler to four concurrent 5-year sentences of imprisonment in four separate cases. This sentence is a clear departure downward from both the recommended range (17-22 years) and permitted range (12-27 years) of the sentencing guidelines; yet the trial court failed to provide contemporaneous written reasons to justify the departure. The failure to provide contemporaneous written reasons constitutes reversible error. State v. Buchanan, 580 So.2d 201 (Fla. 5th DCA 1991), approved, 592 So.2d 676 (Fla. *6091992). Accordingly, we vacate the departure sentence and remand for imposition of a guidelines sentence.1

VACATED and REMANDED.

GOSHORN and GRIFFIN, JJ„ concur.

State v. Spangler
627 So. 2d 608

Case Details

Name
State v. Spangler
Decision Date
Dec 10, 1993
Citations

627 So. 2d 608

Jurisdiction
Florida

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