THE STATE OF FLORIDA, APPELLANT,
v.
CARL JOHNSON, APPELLEE

Fla. 3d DCA | 1988-11-22
No. 88-1500
Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.
533 So. 2d 939 Florida District Court of Appeal, Third District (1988) Negative Treatment
Cited by 28 cases

Opinion of the Court
PER CURIAM.

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.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By (28 total)

  • de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)
    …s to be tried without a jury, save in matters of account and difficult and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional conditions require it.”) (emphasis added). . Cf. Bathurst v. Turner, 533 So. 2d 939, 941 n. 2 (Fla. 3d DCA 1988) ("We must note the potentially coercive effect of the requirement that the party who objects to the reference himself bring his objection to the attention of the referring court.... It takes little imagination to underst…
  • Horton v. Horton, 576 So. 2d 313 (Fla. 3d DCA 1990)
    …PER CURIAM. Affirmed. See Wilson v. McKay, 568 So. 2d 102 (Fla. 3d DCA 1990) [15 FLW D2580]; Bathurst v. Turner, 533 So. 2d 939 (Fla. 3d DCA 1988).…
  • Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989)
    …lure to provide written reasons for a downward departure. 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…

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