SMITH v. STATE

No. 89-42.

553 So.2d 748 (1989)

William A. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Fleming Lee, Asst. Atty. Gen. and Robin Compton, Certified Legal Intern, Daytona Beach, for appellee.


HARRIS, Judge.

William Smith plead no contest to lewd and lascivious assault upon a child and, in exchange for the dismissal of a sexual battery charge, stipulated to a fifteen year sentence which exceeded the guidelines range. The trial court relied on the stipulated sentence but did not file written reasons for departure. Smith appeals urging that the trial court must now sentence him within the guidelines. We disagree.

While it would be better form to state...

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