STATE OF FLORIDA, APPELLANT,
v.
GARTIELLIA LARRY EASON, APPELLEE
STATE OF FLORIDA, APPELLANT,
GARTIELLIA LARRY EASON, APPELLEE
501 So. 2d 696
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The state appeals from the trial court’s downward departure from the sentencing guidelines. The only reason given on the scoresheet for the departure was “Recommendation of D.O.C. [Department of Corrections] Officer.” The trial court’s own reason for departure should be set forth. See State v. Jackson, 478 So. 2d 1054 (Fla.1985); State v. D’Alexander, 496 So. 2d 1007 (Fla. 2d DCA 1986). We reverse and remand for resentencing.
GRIMES, A.C.J., and RYDER and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996)…1 (Fla.1995); Blanton v. State, 546 So. 2d 1181, 1182-83 (Fla. 5th DCA), cause dismissed, 551 So. 2d 460 (Fla.1989); Byrd v. State, 531 So. 2d 1004, 1007 (Fla. 5th DCA 1988); Cahill v. State, 505 So. 2d 1113, 1114 (Fla. 2d DCA 1987); State v. Eason, 501 So. 2d 696 (Fla. 2d DCA 1987); State v. D’Alexander, 496 So. 2d 1007, 1009 (Fla. 2d DCA 1986); Montgomery v. State, 489 So. 2d 1225, 1226 (Fla. 5th DCA 1986); Tompkins v. State, 483 So. 2d 115, 116 (Fla. 2d DCA 1986). The sentencing decision is ultimately tha…
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State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA 1995)…ownward departure sentence is not a valid reason for departure. See Scurry v. State, 489 So. 2d 25, 29 (Fla. 1986); Byrd v. State, 531 So. 2d 1004, 1007 (Fla. 5th DCA 1988); Ca-hill v. State, 505 So. 2d 1113, 1114 (Fla. 2d DCA 1987); State v. Eason, 501 So. 2d 696 (Fla. 2d DCA 1987); State v. D’Alexander, 496 So. 2d 1007, 1009 (Fla. 2d DCA 1986); Montgomery v. State, 489 So. 2d 1225, 1226 (Fla. 5& DCA 1986); Tompkins v. State, 483 So. 2d 115, 116 (Fla. 2d DCA 1986). Consequently, it would make no difference…
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Cahill v. State, 505 So. 2d 1113 (Fla. 2d DCA 1987)…State v. Mischler, 488 So. 2d 523 (Fla.1986). The trial court’s second reason stated, “Based on recommendations of Department of Corrections.” This reason for departure is clearly invalid. Scurry v. State, 489 So. 2d 25 (Fla.1986); State v. Eason, 501 So. 2d 696 (Fla. 2d DCA 1987); Tompkins v. State, 483 So. 2d 115 (Fla. 2d DCA 1986). The trial court’s third reason for departure stated, “Violation of probation is again of same nature; sexually based crime, as previously committed.” This reason appears to b…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. D'Alexander, 496 So. 2d 1007 (Fla. 2d DCA 1986)