Alwardt v. State

Appellant, Frank Alwardt, appeals his conviction and sentence for battery on a law enforcement officer. We affirm the conviction. However, we reverse and remand for resentencing.

The defendant correctly contends that the trial court erred in imposing a sentence of two-years community control absent written reasons for departure. The defendant’s sentencing scoresheet reflected a total point amount of 105. The permitted sentence for this score is any nonstate prison sanction. Fla.R.Crim.P. 3.988(d). Where the permitted sentence for an offender is any nonstate prison sanction, the court may…