Brown v. State

We review Brown v. State, 560 So.2d 239 (Fla. 3d DCA 1989), because of its conflict with Pope v. State, 561 So.2d 554 (Fla.1990). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

The trial court imposed a sentence above the range of the sentencing guidelines without providing written reasons for the departure. Because of this, the court below remanded for resentencing and referred to its prior decision in Padgett v. State, 534 So.2d 1246 (Fla. 3d DCA 1988). In Padgett, the court under similar circumstances remanded with directions to the trial court to provide…