TIMOTHY HOLMES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Dirk Deon Smith, 541 So. 2d 1224 (Fla. 3d DCA 1989)
  …versed because the trial court gave no written reasons for departing from the sentencing guidelines, and 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, 5…
• Bryant Wright v. State, 538 So. 2d 497 (Fla. 3d DCA 1989)
  …t the trial court erred in failing to provide written reasons for its departure from the guidelines sentence; however, resentencing is required only when the trial court has failed to state any reasons for its guidelines departure. State v. Vickery, 536 So. 2d 380 (Fla. 3d DCA 1989); State v. Martinez, 534 So. 2d 1248 (Fla. 3d DCA 1988); State v. Wayda, 533 So. 2d 939 (Fla. 3d DCA 1988). Here, the trial court stated its reasons for departure. Next, Wright argues that the trial court relied upon invalid reaso…
• State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989)
  …ation. Since community control was not an option in this case, the sentence imposed was a downward departure. It was error to depart downwards without providing a written reason. State v. Devine, 547 So. 2d 1304 (Fla. 3d DCA 1989); State v. Vickery, 536 So. 2d 380 (Fla. 3d DCA 1989); State v. McDavid, 532 [*156] So. 2d 1125 (Fla. 3d DCA 1988); Stdte v. Jones, 525 So. 2d 512 (Fla. 4th DCA 1988). Furthermore, the notation written on the scoresheet by the successor judge does not cure the error. At best, the not…

Authorities Cited

• State v. Cledius Orlando Jones, 530 So. 2d 53 (Fla. 1988)
• Desmond H. Franks v. State, 502 So. 2d 1369 (Fla. 2d DCA 1987)
• Fla. Patient's Comp. Fund v. Coxon, 502 So. 2d 1369 (Fla. 2d DCA 1987)