GARY DEAN TACKETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant raises various contentions concerning his sentence of thirty months for battery on a law enforcement officer. We find merit in one of those contentions.
The trial court departed from the presumptive sentence under the sentencing guidelines apparently due to the revocation of appellant’s probation. However, no reasons therefor were given either in writing or in the transcript of the hearing. Rule 3.701 Fla.R.Crim.P. was amended to provide that no reason need be given for increasing the presumptive sentence under the guidelines to the next higher cell by reason of revocation of probation. However, the amendment was not adopted until after the sentencing of appellant here. See Carter v. State, 452 So. 2d 953, 954 n.3 (Fla. 5th DCA 1984). Accordingly, there was a failure to comply with rule 3.701(d)(ll) requiring written reasons for departures from the guidelines.
Therefore, we remand for resentencing not inconsistent with this opinion.
BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Townsend v. State, 458 So. 2d 856 (Fla. 2d DCA 1984)…rve as a reason for a trial court to exceed the presumptive sentence range established in the guidelines, provided Florida Rule of Criminal Procedure 3.701(d)(ll) is followed. Hernandez v. State, 457 So. 2d 1155 (Fla. 2d DCA 1984); Tackett v. State, 458 So. 2d 368 (Fla. 2d DCA 1984); Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984). See also Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984) (probation violations for possession of marijuana and driving while under the influence of alcoholic beverages which…
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Freeman Frazier v. State, 463 So. 2d 458 (Fla. 2d DCA 1985)…a sentence imposed after revocation of probation may be raised to the next higher cell without requiring a reason for departure. Defendant was sentenced on May 11, 1984, before the amended rule became effective on July 1, 1984. See Tackett v. State, 458 So. 2d 368 (Fla. 2d DCA 1984). The amended rule may not be retroactively applied. Carter v. State, 452 So. 2d 953, 954, n. 3 (Fla. 5th DCA 1984). Notwithstanding amended rule 3.701, a violation of a substantive condition of probation may constitute a valid r…
Authorities Cited
- Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984)