State v. Winter

POLEN, Judge.

The state timely appeals a sentence entered after appellee, pursuant to a plea bargain that was offered by the court over appellant’s objection, pled guilty to a violation of section 893.13(l)(e), Florida Statutes (1987). Appellant correctly assigns as error the trial court’s downward departure from the sentencing guideline range, without providing written reasons for such departure.

The record indicates as a possible basis for his departure the trial judge’s feeling that such a sentence would be inappropriate given the circumstances of the case. We have previously held this is…