CHESTER J. SCHMEISSER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHESTER J. SCHMEISSER, APPELLANT,
STATE OF FLORIDA, APPELLEE
527 So. 2d 276
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm the final judgment adjudicating appellant guilty, but we reverse the sentence and remand for resentencing to permit the trial court to satisfy the requirement of giving written reasons for departure from the sentencing guidelines. See State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from in part on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987).
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, C.J., and DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989)…eparture)1 with Rangel v. State, 532 So. 2d 84 (Fla. 3d DCA 1988) (court remanded for resentenc-ing within the guidelines following the trial court’s failure to provide written reasons for entering a departure sentence); compare Schmeisser v. State, 527 So. 2d 276 (Fla. 4th DCA 1988) (cause reversed and remanded for the trial court to satisfy the requirement of giving written reasons for departing from the sentencing guidelines) with Florence v. State, 532 So. 2d 1345 (Fla. 4th DCA 1988) (where the written or…
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Earnest Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989)…equently was required to be supported by contemporaneous written reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from in part on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). See also Schmeisser v. State, 527 So. 2d 276 (Fla. 4th DCA 1988); State v. Daughtry, 487 So. 2d 1184 (Fla. 4th DCA 1986); § 921.001(6), Fla.Stat. (1987); Fla.R. Crim.P. 3.701 b.6. and d.ll. There being none, resentencing is required. By agreement of the parties, we strike the imposition of c…
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Robinson v. State, 530 So. 2d 1085 (Fla. 4th DCA 1988)…were no written reasons given for departure. This court recently reversed a sentence and remanded for resentencing to allow a trial court to give written reason for departure where no written reasons were initially provided. See Schmeisser v. State, 527 So. 2d 276 (Fla. 4th DCA 1988). In Robinson I, the court made no mention of the other departure reasons that were stated on the record by the trial court as part of the oral sentence. In Cochran v. State, 13 F.L.W. 959 (Fla. 2d DCA April 13, 1988), the trial…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 513 So. 2d 664 (Fla. 1987)