Marotto v. State

After pleading guilty to strong-arm robbery, appellant, a juvenile, was sentenced to ninety days in jail, two years community control, and two years probation. The court did not give written reasons in this nonstate prison sentence. We agree, for the reasons expressed in Simmons v. State, 668 So.2d 654 (Fla. 1st DCA 1996), that this is a departure sentence requiring written reasons under State v. Davis, 630 So.2d 1059 (Fla.1994).

In reversing, the Simmons court certified the question, explaining:

We recognize, however, that the language in Davis, supra, involving “any nonstate sanction” is not…