JEFFREY SCOTT GAGE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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[*1292] EHRLICH, Justice.
We take jurisdiction of this case pursuant to article V, section 3(b)(5) of the Florida Constitution, because the district court certified a question to be of great public importance. Gage v. State, 461 So. 2d 202 (Fla. 1st DCA 1984). The question is identical to the certified question answered in the negative in Cochran v. State, 476 So. 2d 207 (Fla.1985). Accordingly, we answer the certified question in the negative here, and approve the decision of the district court.*
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDonald and SHAW, JJ., concur. *
The lower court reversed the sentencing order because the record failed to show the trial court had a guideline score sheet before it at time of sentencing. The issue is not raised here, and we express no opinion on the point.
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Bradley v. State, 485 So. 2d 1285 (Fla. 1986)…ED THE RIGHT TO PAROLE ELIGIBILITY? Bradley v. State, 468 So. 2d 378, 380 (Fla. 1st DCA 1985). The question is identical to the certified question that we answered in the negative in Cochran v. State, 476 So. 2d 207 (Fla.1985), and Gage v. State, 480 So. 2d 1291 (Fla.1985). Accordingly, we answer the certified question in the negative and approve the opinion of the district court. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.…
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McINTYRE v. State, 502 So. 2d 98 (Fla. 5th DCA 1987)…lant was a downward departure from the sentencing guidelines recommended sentence. No scoresheet is in the record so we quash the sentence and remand for resentencing under the guidelines. Gage v. State, 461 So. 2d 202 (Fla. 1st DCA 1984), approved, 480 So. 2d 1291 (Fla.1985). If the court intends to depart then the reasons must be in writing in order to permit review to determine the legality of any departure. Conviction AFFIRMED; Sentence QUASHED. UPCHURCH, C.J., and SHARP, J., concur.…
Authorities Cited
- Gage v. State, 461 So. 2d 202 (Fla. 1st DCA 1984)
- Cochran v. State, 476 So. 2d 207 (Fla. 1985)