THE STATE OF FLORIDA, APPELLANT,
v.
LEON FREDERICK, APPELLEE
PER CURIAM.
The downward departure sentence in this case does not comply with section 921.-001(6), Florida Statutes (Supp.1986), Florida Rules of Criminal Procedure 3.701(b)(6) and 3.701(d)(ll), or the applicable case law. See State v. Jackson, 478 So. 2d 1054 (Fla.1985) (trial court must give written reasons for any guidelines departure); accord State v. Lemon, 517 So. 2d 117 (Fla. 3d DCA 1987). We, therefore, vacate and remand for the entry of an appropriate written order. In so doing, we direct the trial court’s attention to State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986) (defendant’s compliance with court order not a proper basis for departing from sentencing guidelines).
Vacated and remanded with directions.
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State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)…roviding written reasons, we vacate the sentence and remand with instructions to the trial court to provide written reasons. State v. McDavid, 532 So. 2d 1125 (Fla. 3d DCA 1988); State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988); State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988). VACATED AND REMANDED.…
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State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988)…for its departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). Accordingly, we vacate the sentence and remand with directions to the trial court to provide written reasons supporting the departure sentence. See State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988); Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988). Sentence vacated and cause remanded for resentencing.…
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State v. McDAVID, 532 So. 2d 1125 (Fla. 3d DCA 1988)…nce without providing written reasons. State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988). Furthermore, we note that defendant’s compliance with the trial court’s prior order is not a valid basis for departure from the guidelines. State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988); State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986). Vacated and remanded with directions to the trial court to provide appropriate written reasons for downward departure from the guidelines.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986)
- State v. Lemon, 517 So. 2d 117 (Fla. 3d DCA 1987)