Bryant v. State
Annotate this CaseDefendant was found guilty of felony petit theft and sentenced to five years in prison. Defendant’s offense was subject to the Criminal Punishment Code, but Defendant was entitled to a nonstate prison sanction unless the court made written findings that doing so could present a danger to the public. Defendant appealed and filed a motion to correct sentencing error, arguing that because the trial court failed to enter written findings as required by Fla. Stat. 775.082(10), the upward departure sentence must be vacated and he must be resentenced to a nonstate prison sentence. The trial court denied the motion. The court of appeal held that the sentence was erroneous because the trial court failed to file the required written findings to support a departure. The court remanded for resentencing, concluding that the trial court may again impose a departure sentence on remand. The Supreme Court quashed the decision below, holding that when any upward departure sentence is vacated, a guidelines sentence must be imposed on remand.
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