MARCUS GAYNOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HALL, Judge.
Marcus Gaynor appeals his judgment and sentence for burglary, grand theft, carrying a concealed firearm, and felonious possession of a firearm. Appellant raises several issues in this appeal, but we find merit only in his contention that the trial court erred in departing from the sentencing guidelines.
When sentencing appellant, the court did not state its reasons for departure but directed the state to submit a written list of reasons therefor, which list it would attach to the judgment and sentence. We have held such a direction to be an improper delegation of a responsibility belonging exclusively to the trial court. Furthermore, it falls far short of meeting the requirements set forth in section 921.001(6), Florida Statutes (1983), and Florida Rule of Criminal Procedure 3.701(d)(11). Carnegie v. State, 473 So. 2d 782 (Fla. 2d DCA 1985).
Accordingly, we reverse appellant’s sentence and remand this case for resentencing.
SCHEB, A.C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cecil E. Locke and his Wife v. State Farm Fire & Cas. Co., 509 So. 2d 1375 (Fla. 1st DCA 1987)…rial issues of fact or law existed and that appellee was entitled to the relief requested. Such a motion is insufficient to place the nonmoving party on notice of the issues of fact or law which will be argued at the hearing. See Finn v. Lee County, 479 So. 2d 246 (Fla. 2d DCA 1985); Epperson v. Dixie Ins. Co., 461 So. 2d 172 (Fla. 1st DCA 1984); City of Brooksville v. Hernando County, 424 So. 2d 846 (Fla. 5th DCA 1983). By appropriate objection, appellants preserved their right to complain on appeal of the m…
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Johnson v. State, 483 So. 2d 839 (Fla. 2d DCA 1986)…igning to the state attorney the responsibility to formulate the reasons to be relied upon by it in departing from a presumptive sentence. We agree. We have had occasion in Carnegie v. State, 473 So. 2d 782 (Fla. 2d DCA 1985), and Gaynor v. State, 479 So. 2d 246 (Fla. 2d DCA 1985), to condemn this practice as the improper delegation of a function committed exclusively to the judiciary. The state asserts that we cannot consider this issue because it was not preserved for review by a contemporaneous objection…
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Worley v. Joseph Sheffield and wife, 538 So. 2d 91 (Fla. 1st DCA 1989)…. “Such a motion is insufficient to place the non-moving party on notice of the issues of fact or law which will be argued at the hearing.” Locke v. State Farm Fire and Casualty Company, 509 So. 2d 1375, 1377 (Fla. 1st DCA 1987); Finn v. Lee County, 479 So. 2d 246 (Fla. 2d DCA 1985). Although appellees contend that appellant was not prejudiced since she was given fifteen days within which to present a memorandum or affidavit in opposition to the motion and said response was considered by the court before re…
Authorities Cited
- Carnegie v. State, 473 So. 2d 782 (Fla. 2d DCA 1985)