LEONARD ANTHONY DUNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEONARD ANTHONY DUNN, APPELLANT,
STATE OF FLORIDA, APPELLEE
501 So. 2d 721
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence. Appellant was convicted of second degree murder after he pleaded guilty. Because the crime of which appellant was convicted occurred after October 1,1983, the sentencing guidelines are applicable and the court must impose a guideline sentence. The appellant cannot waive this requirement. Williams v. State, 500 So. 2d 501 (Fla.1986). If a departure from the guidelines is warranted then the sentencing judge must clearly state, in writing, the reasons for the departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985). The state has conceded the court erred in retaining jurisdiction over appellant’s parole, so that error need not be discussed.
SENTENCE QUASHED; REMANDED.
COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dunn v. State, 882 So. 2d 1036 (Fla. 5th DCA 2004)…the plea agreement was the stipulation by Dunn that there were in existence factors which would validly permit the court to sentence him up to fifty years in state prison. He received the negotiated, agreed-upon, fifty-year sentence. Dunn v. State, 501 So. 2d 721 (Fla. 5th DCA 1987). He received the same sentence after this court remanded for consideration of a guidelines issue.1 Dunn acknowledges that this court rendered an opinion on this issue holding that Dunn’s conviction for second-degree murder const…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Williams v. State, 500 So. 2d 501 (Fla. 1986)