State v. Jackson

The State appeals the trial court’s imposition of a downward departure sentence. The trial court failed to file written reasons for departure; therefore, the sentence may be affirmed only if the trial court orally provided valid reasons for departure. See Pease v. State, 712 So.2d 374, 374 (Fla.1997).

Here, the trial court orally stated it was downwardly departing because it found appellee was amenable to drug rehabilitation. However, “drug rehabilitation ... does not constitute a valid legal ground for a downward departure sentence;” therefore, a departure sentenced based on this reason…