THE STATE OF FLORIDA, APPELLANT,
v.
GEORGE WAYDA, APPELLEE
PER CURIAM.
In sentencing the defendant to a term of years less than that recommended by the sentencing guidelines, the trial court gave neither written nor oral reasons for the downward departure. Under such circumstances, the remedy is, as the defendant concedes, a reversal and remand to afford an opportunity to the trial court to enter a written sentencing order supporting the departure, rather than, as the State urges, a reversal and remand for resentencing within the guidelines. See Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988) (under Shull v. Dugger, 515 So. 2d 748 (Fla.1987), resentencing within guidelines required only when trial court’s stated reasons for departure are held invalid, not when trial court has offered no reasons).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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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…
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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).…
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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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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988)