STATE OF FLORIDA, PETITIONER, CROSS-RESPONDENT,
v.
HERMAN JOHNSON, JR., RESPONDENT, CROSS-PETITIONER
STATE OF FLORIDA, PETITIONER, CROSS-RESPONDENT,
HERMAN JOHNSON, JR., RESPONDENT, CROSS-PETITIONER
486 So. 2d 535
Florida Supreme Court (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
McDonald, justice.
On Johnson’s appeal from his conviction and sentence for committing an armed robbery at an IGA store, the district court vacated his sentence and remanded for re-sentencing because the trial court failed to provide a written statement of reasons for departing from the sentence recommended under sentencing guidelines. Johnson v. State, 462 So. 2d 860 (Fla. 1st DCA 1985). We have conflict jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, and we approve the instant decision based on State v. Jackson, 478 So. 2d 1054 (Fla.1985).
It is so ordered.
BOYD, C.J., and OVERTON and SHAW, JJ., concur. ADKINS and EHRLICH, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robinson v. State, 497 So. 2d 1355 (Fla. 4th DCA 1986)…d sentence for burglary and petit theft. We affirm the conviction but vacate the sentence and remand for resentencing. First, the trial court erred by failing to include written reasons for departure from the sentencing guidelines. State v. Johnson, 486 So. 2d 535 (Fla.1986). Second, the trial court erred in using Robinson’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So. 2d 863 (Fla.1986). AFFIRMED IN PART; REVERSED IN PART and REMAND…
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Dugues v. State, 499 So. 2d 7 (Fla. 4th DCA 1986)…a firearm and two counts of robbery with a firearm. We reverse and remand for resentencing for the following reasons. First, the trial court erred in that no written reasons for departure from the sentencing guidelines were given. State v. Johnson, 486 So. 2d 535, 536 (Fla.1986). Second, the trial court erred in imposing two consecutive mandatory minimum firearm sentences because when two counts of robbery occur simultaneously and as part of the same criminal episode, the sentences must be served concurrentl…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Johnson v. State, 462 So. 2d 860 (Fla. 1st DCA 1985)