STATE OF FLORIDA, APPELLANT,
v.
HORACE BRUNER, JR., APPELLEE
STATE OF FLORIDA, APPELLANT,
HORACE BRUNER, JR., APPELLEE
503 So. 2d 457
Florida District Court of Appeal, Second District (1987)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The state appeals from an order of the trial court placing appellant on probation. The recommended guidelines sentence was twelve to thirty months in jail or community control. The order of the court, therefore, constituted a downward departure from the recommended guidelines range. Although reasons for departure appear in the record, the court did not prepare a written statement setting forth its reasons for departure as required by State v. Jackson, 478 So. 2d 1054 (Fla.1985); Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Fla.R.Crim.P. 3.701(d)(11).
Accordingly, we reverse and remand for the trial court to enter written reasons for its departure.
DANAHY, C.J., and SCHEB and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alphonso Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987)…o. 2d 587 (Fla.1987). Since there were no written reasons for departure, we reverse and remand for either correction of the sentence or entry of written reasons supporting the departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985); State v. Bruner, 503 So. 2d 457 (Fla. 2d DCA 1987). Appellant also correctly asserts that the court erred in imposing $1,000 costs without prior notice. Jenkins v. State, 444 So. 2d 947 (Fla.1984). We, therefore, strike the costs without prejudice to the state seeking imposition…
-
Slay v. State, 508 So. 2d 1268 (Fla. 1st DCA 1987)…s for enhancing a guidelines sentence. Accordingly, we affirm Slay’s conviction but remand this matter for resentencing. The trial court is not, however, barred from imposing a departure sentence based upon reasons which are valid. Smith v. State, 503 So. 2d 457 (Fla. 2d DCA 1987). ERVIN and WIGGINTON, JJ., concur.…
-
Morganti v. State, 510 So. 2d 1182 (Fla. 4th DCA 1987)…A 1987); Allen v. State, 506 So. 2d 1149 (Fla. 1st DCA 1987); Avery v. State, 505 So. 2d 596 (Fla. 1st DCA 1987); Johnson v. State, 503 So. 2d 959 (Fla. 1st DCA 1987). The Second District appears also to have reached the same result. Smith v. State, 503 So. 2d 457 (Fla. 2d DCA 1987); Brewer v. State, 502 So. 2d 1367 (Fla. 2d DCA 1987); Donahue v. State, 502 So. 2d 57 (Fla. 2d DCA 1987); Beahn v. State, 502 So. 2d 15 (Fla. 2d DCA 1986). The same also appears to be true with regard to the Fifth District. Friers…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)