Jowett v. State

Stephen Jowett appeals an upward departure sentence imposed by the trial court without a valid written statement specifying the reason for departure as required by Florida Rule of Criminal Procedure 3.702(d)(18) and section 921.0016(l)(e), Florida Statutes (1997). We vacate the sentence.

Jowett entered into a plea agreement, the pre-printed terms of which included the requirement that he remain free of criminal violations prior to sentencing, and that if he failed to do so, he will have breached the agreement. The terms also provided that in the event of a breach, he-would not be allowed to…