State v. MacMillan

DAUKSCH, Judge.

This is an appeal from a sentence. Because the judge departed downwards from *894the sentencing guidelines without giving written reasons we must reverse. State v. Lyles, 576 So.2d 706 (Fla.1991); Ree v. State, 565 So.2d 1329 (Fla.1990). Because there was no evidentiary basis for the departure we also reverse. Because there was no proper guideline scoresheet used by the judge the sentencing proceedings were fatally flawed from the outset. The only fair and proper way to correct the situation is to vacate the purported sentence and remand to the trial court for a proper sentencing…