Crouse v. State

PACK, R. WALLACE, Associate Judge.

Appellant challenges his sentence for sexual battery, which represents a departure from the sentencing guidelines. We reverse.

Although the trial court provided written reasons for departure, it failed to state those reasons at the sentencing hearing. This court has recently held that this practice violates a defendant’s due process rights. Washington v. State, 501 So.2d 133 (Fla. 2d DCA 1987). In this case, however, at the sentencing hearing, the state presented reasons for departure and appellant’s counsel argued against those reasons. The trial judge did…