Dean v. State

SHIVERS, Judge.

Appellant appeals his sentence contending it improperly exceeds the sentencing guidelines range. Because the trial court failed to set forth in writing its reasons for departing from the guidelines range, we must reverse and remand for resentencing.

At the sentencing hearing, the trial court orally stated that it was departing from the guidelines range “because the Defendant is adjudged a habitual offender....” 1 This excerpt from the sentencing hearing was transcribed by the court reporter and placed in the record. However, a transcript of oral statements made by the judge…