Collins v. State
Docket: No. 1D97-4780
Court: District Court of Appeal of Florida; August 31, 2000; Florida; State Appellate Court
In Collins v. State, 766 So.2d 1009 (Fla. 2000), the Florida Supreme Court quashed the portion of the previous decision that upheld the trial court's upward departure sentence. The case was remanded for further consideration in light of Maddox v. State, 760 So.2d 89 (Fla. 2000). The trial court had provided verbal reasons for the departure during the sentencing hearing but failed to submit written justifications. According to the precedent set in Maddox, an upward departure sentence cannot be sustained without written reasons, particularly when the defendant did not consent to the departure as part of a plea agreement. Consequently, the Supreme Court reversed the departure sentence and directed the trial court to impose a guidelines sentence. The previous opinion remains unchanged except for this modification. Justices Allen and Webster concurred with the decision.