LEROY S. FRANCIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court must provide written reasons for departing from sentencing guidelines, even upon remand.
The trial court deviated from sentencing guidelines when resentencing the appellant. The record on appeal only contained the resentencing hearing tran…
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PER CURIAM.
The trial court deviated from the sentencing guidelines in sentencing appellant upon remand from this court. See Francis v. State, 492 So. 2d 475 (Fla. 4th DCA 1986). While it is likely that the trial court may have used some of the reasons mentioned in Francis, the trial court did not furnish written reasons for the departure as required by Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987); Tyson v. State, 504 So. 2d 791 (Fla. 4th DCA 1987); Dogues v. State, 499 So. 2d 7 (Fla. 4th DCA 1986).
Moreover, the record on appeal only contains the transcript of the resentencing hearing. Thus we are unable to determine what reasons the trial court employed to justify departure and we are unable to determine if any given reason is supported by the record.
We reverse and remand with instructions to enter written reasons justifying the departure from the sentencing guidelines. If the sentence is appealed to this court, a sufficient record must be supplied so that it may be determined if the reasons assigned are supported.
REVERSED and REMANDED.
HERSEY, C.J., and WALDEN and STONE, JJ., concur.
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State v. Freddy Sims, 530 So. 2d 1089 (Fla. 4th DCA 1988)…ines recommended sentence. No written reasons for the departure are contained in the record. Accordingly, we reverse and remand with instructions to provide written reasons justifying the departure from the sentencing guidelines. Francis v. State, 512 So. 2d 1162 (Fla. 4th DCA 1987). DOWNEY, GLICKSTEIN and DELL, JJ., concur.…
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Polite v. State, 537 So. 2d 608 (Fla. 3d DCA 1988)…ntence (no written reasons having been stated) the sentence under review be and the same is hereby reversed and the matter is remanded to the trial court for resentencing. See Schmeisser v. State, 527 So. 2d 276 (Fla.4th DCA 1988); Francis v. State, 512 So. 2d 1162 (Fla. 4th DCA 1987).…
Authorities Cited
- Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987)
- Francis v. State, 492 So. 2d 475 (Fla. 4th DCA 1986)
- Barnett Banks Tr. Co., N.A. v. Hyman, 504 So. 2d 791 (Fla. 4th DCA 1987)
- Dugues v. State, 499 So. 2d 7 (Fla. 4th DCA 1986)