THE STATE OF FLORIDA, APPELLANT,
v.
TIMOTHY MCDAVID, APPELLEE

Fla. 3d DCA | 1988-10-25
No. 87-2304
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
532 So. 2d 1125 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 17 cases

Opinion of the Court
PER CURIAM.

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 (Fla. 5th DCA 1986).

Vacated and remanded with directions to the trial court to provide appropriate written reasons for downward departure from the guidelines.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)
    …PER CURIAM. Because the trial court erred in 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)
    …ure. The Third District has consistently permitted a 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 requi…
  • State v. Dirk Deon Smith, 541 So. 2d 1224 (Fla. 3d DCA 1989)
    …that the cause must be remanded for the entry of such written reasons. We agree. State v. Jackson, 478 So. 2d 1054 (Fla.1985); State v. Vickery, 536 So. 2d 380 (Fla. 3d DCA 1989); State v. Wayda, 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); 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), rev. denied, 528 So. 2…

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