STATE OF FLORIDA, PETITIONER,
v.
NATHANIEL HILL, RESPONDENT
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EHRLICH, Justice.
We have for review Hill v. State, 468 So. 2d 406 (Fla. 4th DCA 1985) which conflicts with decisions of other district courts on the issue of whether a trial judge is required to set forth in writing the reasons for departure from the presumptive guidelines sentence.* We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Relying on its decision in Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA), approved, 478 So. 2d 351 (Fla.1985), the district court below vacated Hill’s sentence and remanded for resentencing in accordance with the guidelines or for written reasons for departure. We recently approved the Fourth District Court of Appeal’s position on this issue. State v. Jackson, 478 So. 2d 1054, 1055-56 (Fla.1985); State v. Boynton, 478 So. 2d 351 (Fla.1985). Accordingly, the decision of the district court is approved.
It is so ordered.
McDonald, C.J., and ADKINS, BOYD, OVERTON, SHAW and'BARKETT, JJ., concur. *
Hill raises several collateral issues which we choose not to address.
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Hodges v. State, 595 So. 2d 929 (Fla. 1992)…merely reread some of the instructions and then accepted [*933] the jury’s recommendation regarding penalty. Neither of these instances was a crucial portion of the trial where Hodges’ absence would have caused him undue prejudice. Morgan v. State, 492 So. 2d 1072 (Fla.1986); see Garcia v. State, 492 So. 2d 360 (Fla.), cert, denied, 479 U.S. 1022, 107 S.Ct. 680, 93 L.Ed.2d 730 (1986); Peede. Although attempted suicide may cast doubt on a person’s competence, Drope, on the totality of the circumstances we conc…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)
- State v. Boynton, 478 So. 2d 351 (Fla. 1985)
- Hill v. State, 468 So. 2d 406 (Fla. 4th DCA 1985)
- Cohen v. Am. Equities OF the Palm Beaches, Inc., 468 So. 2d 406 (Fla. 4th DCA 1985)