Johnson v. State

GUNTHER, Judge.

William Dana Johnson appeals his sentence of 17 years contending that the trial court erred in the upward departure from the guidelines sentence of 5⅛⅛ to 7 years.

Appellant correctly contends that the trial court erred in failing to reduce to writing its reasons for the upward departure from the sentencing guidelines. A trial court has two options when finding a departure is warranted. “[T]he trial court can impose a departure sentence by writing out its findings at the time sentence is imposed, while still on the bench.... [If] further reflection is required to determine the…