STATE OF FLORIDA, APPELLANT,
v.
BRUCE DAUGHTRY, APPELLEE

Fla. 4th DCA | 1986-04-30
No. 85-1208
HERSEY, C.J., concurs., WALDEN, J., dissents without opinion.
487 So. 2d 1184 Florida District Court of Appeal, Fourth District (1986) Caution
Cited by 6 cases
Topics
Downward Departure From Sentencing Guidelines Written Reasons For Departure Downward Departure Sentencing Guidelines

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Opinion of the Court
GUNTHER, Judge.

GUNTHER, Judge.

The State appeals a downward departure from the guidelines sentence. We affirm the conviction but reverse the sentence.

Appellee’s scoresheet recommended a sentence of 12 to 17 years’ incarceration. The trial court departed from the sentencing guidelines and sentenced appellee to five years’ incarceration followed by a period of probation. Rather than supplement the sentence with written reasons for departure, the trial court chose to embody its reasons for departure in the sentencing hearing transcripts. This procedure, however, was expressly rejected by the supreme court in State v. Jackson, 478 So. 2d 1054 (Fla.1985). See also Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA), approved, 478 So. 2d 351 (Fla.1985), cert. denied, - U.S. -, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).

Accordingly, we vacate the sentence and remand the cause for resentencing in accordance with the dictates of Jackson and Boynton.

HERSEY, C.J., concurs.

WALDEN, J., dissents without opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Barbera v. State, 505 So. 2d 413 (Fla. 1987)
    …McDONALD, Chief Justice. We have for review State v. Barbera, 487 So. 2d 1184 (Fla. 4th DCA 1986), because of conflict with decisions of this Court and the other district courts of appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result reached by the district court, i.e., a remand for resentencing,…
  • State v. D'Alexander, 496 So. 2d 1007 (Fla. 2d DCA 1986)
    …ate the level of a defendant’s guilt. The need for medical treatment does not justify a departure from the sentencing guidelines. Young v. State, 455 So. 2d 551 (Fla. 1st DCA 1984). D’Alexander is quite similar to the defendant in State v. Barbera, 487 So. 2d 1184 (Fla. 4th DCA 1986). In Barbera, the court improperly departed downward on the basis of the defendant’s need for alcohol rehabilitation. Instead of the recommended seven to twelve year sentence, the court gave the defendant 364 days incarceration an…
  • Earnest Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989)
    …s written reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from in part on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). See also Schmeisser v. State, 527 So. 2d 276 (Fla. 4th DCA 1988); State v. Daughtry, 487 So. 2d 1184 (Fla. 4th DCA 1986); § 921.001(6), Fla.Stat. (1987); Fla.R. Crim.P. 3.701 b.6. and d.ll. There being none, resentencing is required. By agreement of the parties, we strike the imposition of costs. AFFIRMED IN PART; REVERSED IN PART; REMANDED.…

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