Cortez-Gonzalez v. State

THREADGILL, Judge.

Cortez-Gonzalez appeals from his five-year sentence for possession of cocaine and resisting a police officer with violence. The sentencing guidelines did not call for prison time. Appellee concedes that the trial court erred in failing to provide written reasons for departing from the guidelines. State v. Jackson, 478 So.2d 1054 (Fla.1985).

Additionally, we have examined the sentencing transcript and find that the trial court apparently considered appellant’s illegal alien status as a basis for upward departure from the presumptive sentence. This is improper. Bram v. State,…