THE STATE OF FLORIDA, APPELLANT,
v.
MICHAEL ADAMS, APPELLEE
PER CURIAM.
The state appeals from an order wherein the trial court imposed sentence upon Michael Adams but failed to provide written reasons for its downward departure from the sentencing guidelines. The state claims, and Adams concedes, that the trial court erred in not providing written reasons 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)…departing downward from sentencing guidelines without providing 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.…
-
Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989)…court to provide written reasons for a downward departure upon remand after failing to initially provide written reasons. See State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988); State v. McDavid, 532 So. 2d 1125 (Fla. 3d DCA 1988); State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988). We agree with the result in Padgett, which involved an upward departure, however, because we find nothing in the sentencing guideline rules which apply different procedural requirements depending on whether the departure is upwar…
-
State v. McDAVID, 532 So. 2d 1125 (Fla. 3d DCA 1988)…PER CURIAM. We vacate the sentence because the trial court deviated from the recommended guidelines sentence 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 (F…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988)
- Aleta Shoemaker v. Shoemaker, 523 So. 2d 178 (Fla. 3d DCA 1988)
- State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988)
- State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988)
- Horacio Vanegas v. State, 525 So. 2d 491 (Fla. 3d DCA 1988)