State v. Kolodz

We agree with the state that the court erred in imposing a downward departure sentence without providing written reasons as required by section 921.00265(2), Florida Statutes (2010), and Florida Rule of Criminal Procedure 3.704(d)(27)(A). We reverse and remand for resentencing.

Kolodz pled guilty to violation of probation and a new offense. At his sentencing, he presented two statutory grounds for a downward departure sentence. The trial court explicitly rejected both grounds. The Criminal Punishment Code (“CPC”) called for a minimum sentence of 46.5 months. For some inexplicable reason, the…