RANDALL EUGENE HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We vacate appellant’s prison sentence and remand for resentencing. Following appellant’s probation revocation, the trial court imposed a sentence of five years of imprisonment, a departure from the sentencing guidelines recommended sentence of any non-state prison sanction, for the offense of uttering a forged prescription. The appellant elected to be sentenced under the guidelines. The trial court failed to reduce to writing its reasons for departure from the guidelines as required by this court in Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984), and Harris v. State, Case No. AY-448 (Fla. 1st DCA, opinion filed March 7, 1985).
Sentence is vacated and the cause remanded for resentencing.
BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vance v. State, 475 So. 2d 1362 (Fla. 5th DCA 1985)
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Moore v. State, 469 So. 2d 951 (Fla. 1st DCA 1985)…required by Rule 3.701(d)(ll), Florida Rules of Criminal Procedure. Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984); Millett v. State, 460 So. 2d 489 (Fla. 1st DCA 1984); Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984); Hernandez v. State, 465 So. 2d 577 (Fla. 1st DCA 1985). The sentence is vacated, and the cause is remanded for resentencing. BOOTH, WIGGINTON and BARFIELD, JJ., concur.…
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State v. Hernandez, 479 So. 2d 738 (Fla. 1985)…ADKINS, Justice. We review the decision of Hernandez v. State, 465 So. 2d 577 (Fla. 1st DCA 1985), in which the district court certified conflict with numerous cases. We have jurisdiction. Art. V, § 8(b)(4), Fla.Const. In State v. Jackson, 478 So. 2d 1054 (Fla.1985), we held that a departure from the sentencing guidelines m…
Authorities Cited
- Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
- Oden v. State, 463 So. 2d 313 (Fla. 1st DCA 1984)