State v. McCray

The State of Florida appeals the defendant Terrance McCray’s downward departure sentence. We reverse, finding that the trial court erred in imposing a sentence that was below the sentencing guidelines, over the State’s objection, without filing written reasons for the downward departure and without any orally stated reasons for a downward departure.

McCray and his co-defendant were charged with burglary of an unoccupied dwelling and criminal mischief. He pled nolo contendere and scored out to twenty-one (21) months in state prison.

At the sentencing hearing, the State objected to McCray being…