DAVID W. FLETCHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID W. FLETCHER, APPELLANT,
STATE OF FLORIDA, APPELLEE
514 So. 2d 1157
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The state concedes that no guidelines scoresheet was filed in this case and that appellant was sentenced in excess of what the applicable guidelines would have called for. Therefore, we vacate the sentences and remand for resentencing after preparation of a guidelines scoresheet. Any departure from the guidelines should be based on proper grounds contained in a written departure order. RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fletcher v. State, 538 So. 2d 1350 (Fla. 2d DCA 1989)…ilable to the appellate court. This court vacated his sentence and remanded with directions that the trial judge resentence the defendant within the guidelines or give clear and convincing written reasons for a departure sentence. Fletcher v. State, 514 So. 2d 1157 (Fla. 2d DCA 1987). The defendant’s first contention in this appeal is that the trial court lost jurisdiction to comply with our mandate to resen-tence him because it did not act within sixty days. We find no merit in this claim. Second, the defen…
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LEE v. State, 520 So. 2d 663 (Fla. 4th DCA 1988)…esentencing after preparation of a guidelines scoresheet. Any departure from the guidelines should be based on proper grounds contained in a written departure order. See e.g. Carpenter v. State, 515 So. 2d 431 (Fla. 4th DCA 1987); Fletcher v. State, 514 So. 2d 1157 (Fla. 2d DCA 1987); Rivers v. State, 513 So. 2d 766 (Fla. 1st DCA 1987). AFFIRMED IN PART; REVERSED AND REMANDED IN PART. DOWNEY, WALDEN and GUNTHER, JJ., concur.…