Adams v. State

CAMPBELL, Acting Chief Judge.

Appellant challenges the departure sentence imposed on his convictions for attempted burglary of a dwelling and violation of a domestic injunction. The state concedes error, agreeing that a remand is required since no PSI was prepared and the departure reasons were not timely filed. The parties disagree, however, as to whether the court should again be allowed to depart. We agree with appellant that since the court failed to timely file its reasons for departure, it may not depart on resentencing. Owens v. State, 598 So.2d 64 (Fla.1992) [when a departure *861sentence…