THE STATE OF FLORIDA, APPELLANT,
v.
ANTONIO ALVAREZ, APPELLEE

Fla. 3d DCA | 1989-02-21
No. 88-1498
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
538 So. 2d 956 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court erred in departing downward from the recommended guidelines sentence without providing reasons; we vacate the sentence and remand for entry of written reasons in support of the departure sentence. State v. Martinez, 534 So. 2d 1248 (Fla. 3d DCA 1988); State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988).

VACATED AND REMANDED.


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  • Pope v. State, 561 So. 2d 554 (Fla. 1990)
    …CA 1988); Nichols v. State, 521 So. 2d 372 (Fla. 2d DCA 1988); Jones v. State, 502 So. 2d 1375 (Fla. 4th DCA 1987). . See, e.g., State v. Simmons, 539 So. 2d 40 (Fla. 3d DCA 1989); State v. Ohler, 539 So. 2d 38 (Fla. 3d DCA 1989); State v. Alvarez, 538 So. 2d 956 (Fla. 3d DCA 1989); State v. Charles, 537 So. 2d 1136 (Fla. 3d DCA 1989); State v. Richardson, 536 So. 2d 1193 (Fla. 4th DCA 1989).…
  • Abramowitz v. Glasser, 656 So. 2d 1332 (Fla. 4th DCA 1995)
    …since they could not have voted for an exception which was not presented to them. See Askew v. Firestone, 421 So. 2d 151, 155 (Fla.1982) (the ballot must give the voter fair notice of the decision he must make). See also Falk v. City of Miami Beach, 538 So. 2d 956, 957 (Fla. 3d DCA 1989), wherein the court, citing Smathers v. Smith, 338 So. 2d 825, 829 (Fla.1976), held that the voters “must be able to comprehend the sweep of each proposal from a fair notification in the proposition itself that it is neither l…
  • State v. Albelo, 541 So. 2d 778 (Fla. 3d DCA 1989)
    …PER CURIAM. As the appellee agrees, the downward sentence imposed below is vacated and the cause remanded for the trial court to provide written reasons in support of the departure. State v. Alvarez, 538 So. 2d 956 (Fla. 3d DCA 1989); Padgett v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988); State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988).…

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