Wheeler v. State

KELLY, Judge.

Phillip Wheeler challenges the life sentence imposed upon him on resen-tencing for his 1997 sexual battery offense. He argues that, although the judge orally pronounced reasons for departure on the record at the resentencing hearing, the judge failed to file written reasons or sign the transcript containing the reasons for departure as required by Florida Rule of Criminal Procedure SYOSIdXSOXA). 1 Therefore, he claims he must be resen-tenced within the 1994 sentencing guide lines range of 11.2 to 18.7 years in prison. We agree that the sentence must be reversed because of the…