5D03-4149 State v. Michael Bolton

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-4149

Case Date: 03/28/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

STATE OF FLORIDA, Appellant, v. MICHAEL PAUL BOLTON, Appellee. ________________________________/ Opinion filed April 1, 2005 Appeal from the Circuit Court for Marion County, Victor J. Musleh, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellee. CASE NO. 5D03-4149

PETERSON, J. The State of Florida appeals the downward departure sentence imposed upon Michael Paul Bolton, 21 years of age, for one count of lewd and lascivious battery by having "consensual" sexual intercourse with a 15-year old girl. He repeated the crime with another 15-year old girl while he was on pre-trial release for the first crime. After pleading guilty to both charges, he was sentenced downward to 365 days in the county jail followed by 10 years sex offender probation instead of the recommended 246 months in the Department of Corrections as indicated by his guideline scoresheet,

but the sentencing judge failed to prepare written reasons for the departure.

Any

sentence imposed which varies downward from the recommended sentence by more than 25 percent must be accompanied by a written statement delineating the reasons for the departure.1 Because the record does not contain a written statement of the reasons for the departure that deviated more than 25 percent from the recommended guidelines, we must vacate the sentence and remand for re-sentencing within the guidelines unless the trial court can comply with the requirements of section 921.0016(1)(c). SENTENCE VACATED; REMANDED.

GRIFFIN and MONACO, JJ., concur.

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See

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