Leavis v. State

Appellant raises two issues in regard to the revocation of his probation. We affirm on the first issue without further discussion. We reverse the trial court’s sentence of ten days in county jail followed by six months of community control. As the state properly concedes, this sentence constitutes a departure sentence in the instant case for which written reasons must be given. State v. Davis, 630 So.2d 1059, 1060 (Fla.1994). “As there is no indication from the record that the trial court considered this sentence to be *353a departure sentence, the trial court may, on remand, consider whether a…