DANIEL L. HOAG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANIEL L. HOAG, APPELLANT,
STATE OF FLORIDA, APPELLEE
523 So. 2d 788
Florida District Court of Appeal, Fifth District (1988)
Negative Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence which departs from that recommended by the sentencing guidelines. No written reasons for the departure were given. That is error. State v, Oden, 478 So. 2d 51 (Fla.1985); Matthews v. State, 486 So. 2d 47 (Fla. 5th DCA 1986).
SENTENCE VACATED; REMANDED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paschen v. State, 539 So. 2d 1189 (Fla. 5th DCA 1989)…DAUKSCH, Judge. This is an appeal from a sentence. Appellant alleges and appellee concedes that the sentencing judge erred by departing from the recommended guideline sentence without giving written reasons for having done so. Hoag v. State, 523 So. 2d 788 (Fla. 5th DCA 1988). SENTENCE VACATED; REMANDED. SHARP, C.J., and GOSHORN, J., concur.…
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Johnson v. State, 553 So. 2d 363 (Fla. 5th DCA 1989)…rs for the additional one cell enhancement because of the violation of probation. Johnson argues, and the State agrees, that the departure sentence is in error because the trial judge failed to give written reasons for the departure. Hoag v. State, 523 So. 2d 788 (Fla. 5th DCA 1988). The State further argues that since the trial court orally announced valid reasons for departure, this case should be remanded so that written reasons for departure can be filed. See Stewart v. State, 549 So. 2d 171 (Fla. 5th D…
Authorities Cited
- THE Florida BAR v. Winter, 478 So. 2d 51 (Fla. 1985)
- Bitner v. Dep't OF Health & Rehabilitative Servs. & Cnty. of Volusia, 486 So. 2d 47 (Fla. 5th DCA 1986)
- Matthews v. State, 486 So. 2d 47 (Fla. 5th DCA 1986)