STATE v. ESBENSHADE

No. 85-2826.

493 So.2d 487 (1986)

STATE of Florida, Appellant, v. Donald Lee ESBENSHADE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 5, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.


HALL, Judge.

The state appeals the trial court's downward guideline departure sentence of appellee contending that the lack of written reasons coupled with the invalidity of these purported reasons for such compel remand for resentencing. We agree.

Appellee was initially convicted of lewd and lascivious acts and received a term of probation which he subsequently violated. Following appellee's sentence for violation of probation, the trial court, pursuant to...

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