Hall v. State

ORFINGER, Judge.

Once again1 we are compelled to reverse the departure sentence imposed here, because the reasons stated are not clear and convincing as required by Florida Rule of Criminal Procedure 3.701(d)ll.

Following defendant’s guilty plea to one count of burglary of a dwelling and aggravated assault with intent to commit a felony (murder), the trial court departed from the recommended sentence of non-state prison sanction, the written reasons for which were:(1) Defendant’s conduct immediately proceeding, during, and following the offense [the attempt to murder his former wife] indicate…