STATE OF FLORIDA, PETITIONER,
v.
DANIEL BOYNTON, RESPONDENT
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An oral pronouncement of reasons for departing from a presumptive sentence does not comply with rules requiring a written statement.
The district court reversed a trial court's sentencing judgment for failing to provide written reasons for departing from sentencing guidelines. The d…
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OVERTON, Justice.
This is a petition to review Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985), an en banc decision in which the district court reversed a trial court sentencing judgment for failure to set forth written reasons for its departure from the sentencing guidelines, and certified the following question as one of great public importance:
Does an oral pronouncement in the record of the reasons for departing from a presumptive sentence comply with Florida Rule of Criminal Procedure 3.701(d)(ll) requiring that “[a]ny sentence outside of the guidelines must be accompanied by a written statement delineating the reasons for the departure,” and Florida Rule of Criminal Procedure 3.701(b)(6) requiring that “departures from the presumptive sentences established in the guidelines shall be articulated in writing”?
Id. at 708. We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and we answer the question in the negative.
In our recent decision of State v. Jackson, 478 So. 2d 1054 (Fla.1985), we expressly adopted the district court’s reasoning in its Boynton decision to require written reasons for departure from the sentencing guidelines. Accordingly, we approve the decision of the district court.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (43 total)
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Torres-Arboledo v. State, 524 So. 2d 403 (Fla. 1988)…contention that this notation written by the clerk at the court’s direction was not a “written reason for departure” is without merit. See State v. Jackson, 478 So. 2d 1054 (Fla.1985); Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985), approved, 478 So. 2d 351 (Fla.1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986) (“The most common practice employed among the majority of trial judges is to write the reasons for departure on the score sheet form provided by the Sentencing Guidelines…
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State v. Pentaude, 500 So. 2d 526 (Fla. 1987)…e, 475 So. 2d 1031 (Fla. 1st DCA 1985). Second, the district court found the trial court’s oral pronouncement of the reasons given for departure insufficient under our decisions of State v. Jackson, 478 So. 2d 1054 (Fla.1985), and State v. Boynton, 478 So. 2d 351 (Fla.1985), cert. denied, — U.S. -, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986), and so remanded for proper resentencing. Finally, we note agreement with the district court’s holding that “[wjhere a trial judge finds that the underlying reasons for viola…
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Pease v. State, 712 So. 2d 374 (Fla. 1997)…eparture orders to assure effective appellate review. Holding that an oral recitation of the reasons for departure would not suffice, the Court adopted the rationale of then Judge Barkett in Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA), approved, 478 So. 2d 351 (Fla.1985), where she said in part: [T]he development of the law would best be served by requiring the precise and considered reasons which would be more likely to occur in a written statement than those tossed out orally in a dialogue at a hectic…
Previewing 3 of 43 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)