BELINDA FAYE YARBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1986-10-28
No. BM-350
SMITH, SHIVERS and ZEHMER, JJ., concur.
496 So. 2d 236 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

As the trial court failed to give written reasons for its departure from the sentencing guidelines, this cause is reversed and remanded for resentencing. State v. Jackson, 478 So. 2d 1054 (Fla.1985).

SMITH, SHIVERS and ZEHMER, JJ., concur.


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  • State v. Young, 561 So. 2d 583 (Fla. 1990)
    …l. Fla.R.Crim.P. 3.701(d)(6). The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles. See Espinosa v. State, 496 So. 2d 236, 237 n. 1 (Fla. 3d DCA 1986). Testimony that a furlough [*584] is basically the same as community control is consistent with Rule 10H-1.003, Florida Administrative Code, which defines a furlough as “release of a child, pursuant to an executed condit…
  • Rigoberto Garcia v. State, 535 So. 2d 290 (Fla. 3d DCA 1988)
    …ty taken was worth $51). See also Lewis v. State, 419 So. 2d 337 (Fla.1982) (failure to instruct jury of minimum and maximum penalties for primary offense charged was harmless where jury convicted only on lesser-included offense); Espinosa v. State, 496 So. 2d 236 (Fla. 3d DCA 1986) (error in instruction on burden of proving causation of death was harmless where jury convicted only on aggravated assault charge and therefore did not hold the defendant responsible for causing victim’s death). See generally 11 C…
  • Butler v. State, 543 So. 2d 432 (Fla. 2d DCA 1989)
    …l. Fla.R.Crim.P. 3.701(d)(6). The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles. See Espinosa v. State, 496 So. 2d 236, 237 n. 1 (Fla. 3d DCA 1986). Testimony that a furlough is basically the same as community control is consistent with Rule 10H-1.003, Florida Administrative Code, which defines a furlough as “release of a child, pursuant to an executed conditional a…

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