WILLIAM M. BOUTHNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
The departure sentence in this case was based on the adjudication of the defendant as an habitual offender under section 775.084, Florida Statutes (1983). The adjudication as an habitual felony offender was based on the defendant’s criminal record and current conviction which have already been factored into the recommended guideline sentence. Since there is no additional clear and convincing reason this departure sentence was inconsistent with Hendrix v. State, 475 So. 2d 1218 (Fla.1985). See Moultrie v. State, 488 So. 2d 558 (Fla. 5th DCA 1986); Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986). In addition a notation on the guidelines scoresheet that the defendant was “sentenced as an habitual offender with necessary findings of fact by the court” does not comply with State v. Jackson, 478 So. 2d 1054 (Fla.1985). The reasons stated at the sentencing hearing and transcribed in the record do not fulfill the purpose of Rule 3.701(d)(ll). Accordingly the conviction is affirmed but the sentence vacated and this matter remanded for resentencing consistent with this opinion.
SENTENCE VACATED; REMANDED.
UPCHURCH and COWART, JJ., concur.
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Speights v. State, 495 So. 2d 882 (Fla. 2d DCA 1986)…h District Courts of Appeal have held that written notations by the judge on the scoresheet do not suffice as a written order. Watson v. State, 492 So. 2d 831 (Fla. 5th DCA 1986); Bauza v. State, 491 So. 2d 323 (Fla. 3d DCA 1986); Bouthner v. State, 489 So. 2d 784 (Fla. 5th DCA 1986). But cf. Corum v. State, 484 So. 2d 102 (Fla. 1st DCA 1986). Florida Rule of Criminal Procedure 3.701(d)(ll) does not require a separate, written order but only that any sentence outside the guidelines be accompanied by a written…
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Watson v. State, 492 So. 2d 831 (Fla. 5th DCA 1986)…. 2d 924 [*833] (Fla. 2d DCA 1985); Fleming v. State, 480 So. 2d 715 (Fla. 2d DCA 1986). Appellant also contends that the trial court erred in failing to put the factual bases of the habitual offender determination in Yrating. In Bouthner v. State, 489 So. 2d 784 (Fla. 5th DCA 1986), in reversing a sentence, this court held that “... a notation on the guidelines score sheet that ‘the defendant was sentenced as an habitual offender with necessary findings of fact by the court’ does not comply with State v. Ja…
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Morganti v. State, 498 So. 2d 557 (Fla. 4th DCA 1986)…tion of those costs after appropriate notice and hearing as provided in Jenkins v. State. AFFIRMED IN PART; REVERSED IN PART and REMANDED. GUNTHER and STONE, JJ., concur. . Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986); Bouthner v. State, 489 So. 2d 784 (Fla. 5th DCA 1986); Hale v. State, 490 So. 2d 122 (Fla. 2d DCA 1986).…
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- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986)
- Moultrie v. State, 488 So. 2d 558 (Fla. 5th DCA 1986)