HUGH FRANCIS BOEHMER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1985-07-05

No. 84-1618

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

472 So. 2d 555 Florida District Court of Appeal, Fifth District (1985) Negative Treatment

Cited by 4 cases

Opinion of the Court

COBB, Chief Judge.

We affirm on the basis that the trial court’s departure from the sentencing guidelines does not require a written statement if a sufficient reason for that departure is stated orally at the sentencing hearing and transcribed. See Burke v. State, 456 S.2d 1245 (Fla. 5th DCA 1984); Rutlin v. State, 455 So. 2d 1347 (Fla. 5th DCA 1984); Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984); Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984); Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984). But see Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985); Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984).

Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi), we certify conflict with Boynton and Jackson.

AFFIRMED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Vance v. State, 475 So. 2d 1362 (Fla. 5th DCA 1985)

…ution. See Harris v. State, 465 So. 2d 545 (Fla. 1st DCA 1985); Schmidt v. State, 468 So. 2d 1112 (Fla. 1st DCA 1985); Odea v. State, 463 So. 2d 313 (Fla. 1st DCA 1984); Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984); contra, Boehmer v. State, 472 So. 2d 555 (Fla. 5th DCA 1985); Hernandez v. State, 465 So. 2d 578 (Fla. 1st DCA 1985); State v. Overton, 464 So. 2d 607 (Fla. 3rd DCA 1985); Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984); and Harvey v. State, 450 So. 2d 926 (Fla. 4th DCA 1984).…
Boehmer v. State, 489 So. 2d 1130 (Fla. 1986)

…ADKINS, Justice. We have for review Boehmer v. State, 472 So. 2d 555 (Fla. 5th DCA 1985), which the district court certified as conflicting with Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA), aff'd, 478 So. 2d 351 (Fla.1985), cert. denied, 106 S.Ct. 1232 (1986), and Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 19…

Authorities Cited

Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984)
Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)
Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984)
Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984)
Rutlin v. State, 455 So. 2d 1347 (Fla. 5th DCA 1984)

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