Mock v. State

DIAMANTIS, Judge.

Gary Alan Mock appeals a guidelines departure sentence of five years imprisonment which was imposed following his conviction for the felony of accessory after the fact.1 Because the written reason for the departure was not filed until some five months after it was prepared, we reverse and remand this *1336matter for resentencing within the guidelines.

The action of filing written reasons five months after sentencing is contrary to the clear mandate of State v. Lyles, 576 So.2d 706 (Fla.1991):

We adhere to our statement of options available to a trial court when imposing a sentence…