JOE PADGETT, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989)
  …kins v. State, 528 So. 2d 527 (Fla. 2d DCA 1988) (where court failed to provide written reasons to support departure sentence the cause was remanded with directions to resentence defendant within the sentencing guidelines); compare Padgett v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988) (where court failed to provide written reasons for the departure sentence the cause was remanded with directions to provide [*424] written reasons to support the departure)1 with Rangel v. State, 532 So. 2d 84 (Fla. 3d DCA 1988) (…
• Albury v. State, 561 So. 2d 429 (Fla. 3d DCA 1990)
  …ntence. No written reasons were provided for the newly imposed sentence. The State correctly concedes that appellant was improperly sentenced to a term outside the guidelines without written findings to justify the departure. See Padgett v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988). Accordingly, we reverse appellant’s sentence and remand for sentencing within the guidelines. See Pope v. State, 561 So. 2d 554 (Fla.1990). Finding no merit in appellant’s other contentions, we affirm his conviction in all other…
• Livingston Joseph v. State, 547 So. 2d 249 (Fla. 3d DCA 1989)
  …So. 2d 1081, 1088 (Fla.1987), we also conclude that, because no written departure order was entered below, the attempted murder sentence must be remanded for that to be done. See State v. Albelo, 541 So. 2d 778 (Fla. 3d DCA 1989); Padgett v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988). Affirmed in part, vacated in part and remanded.…

Authorities Cited

• State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)
• State v. Wayda, 533 So. 2d 939 (Fla. 3d DCA 1988)
• State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988)
• State v. McDAVID, 532 So. 2d 1125 (Fla. 3d DCA 1988)