ROBERT EARL MATTHEWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT EARL MATTHEWS, APPELLANT,
STATE OF FLORIDA, APPELLEE
486 So. 2d 47
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence. Because the trial court departed from the recommended guideline sentence without giving contemporaneous written reasons for the departure we quash the sentence and remand for resentencing. State v. Jackson, 478 So. 2d 1054 (Fla.1985); State v. Oden, 478 So. 2d 51 (Fla.1985).
SENTENCE QUASHED; REMANDED.
COBB, C.J., and ORFINGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
REE v. State, 512 So. 2d 1085 (Fla. 4th DCA 1987)…that “[i]t was reversible error for the trial court to depart from the guidelines without providing a contemporaneous written statement of the reasons therefore at the time each sentence was pronounced.” (Emphasis added). See also Matthews v. State, 486 So. 2d 47 (Fla. 5th DCA 1986); Elkins v. State, 489 So. 2d 1222 (Fla. 5th DCA 1986). We express agreement with Judge Sharp’s reasoning in her special concurrence in Elkins, however, and certify the following question to the supreme court: MUST A TRIAL COURT…
-
Hoag v. State, 523 So. 2d 788 (Fla. 5th DCA 1988)…DAUKSCH, Judge. This is an appeal from a sentence which departs from that recommended by the sentencing guidelines. No written reasons for the departure were given. That is error. State v, Oden, 478 So. 2d 51 (Fla.1985); Matthews v. State, 486 So. 2d 47 (Fla. 5th DCA 1986). SENTENCE VACATED; REMANDED. COBB and COWART, JJ., concur.…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- THE Florida BAR v. Winter, 478 So. 2d 51 (Fla. 1985)