THE STATE OF FLORIDA, APPELLANT,
v.
DIRK DEON SMITH A/K/A JOHN MCKENNY, APPELLEE

Fla. 3d DCA | 1989-01-31
No. 88-2064
Before HUBBART, BASKIN and FERGUSON, JJ.
541 So. 2d 1224 Florida District Court of Appeal, Third District (1989) Caution
Cited by 16 cases
Topics
Written Reasons For Departure Sentencing Guidelines Departure

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the state from a sentence which departs downwards from the sentencing guidelines. The defendant concedes that the sentence under review must be reversed 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, 523 So. 2d 178 (Fla. 3d DCA 1988); Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA), rev. denied, 528 So. 2d 1181 (Fla.1988).

The sentence under review is therefore reversed, and the cause is remanded to the trial court with directions to: (1) provide written reasons for the subject sentencing guidelines departure, or (2) sentence the defendant within the sentencing guidelines.

REVERSED AND REMANDED.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Parrish v. State, 540 So. 2d 870 (Fla. 3d DCA 1989)
    …to challenge the arbitrary exclusion of members of any race for ... jury service.” We mention defendant’s race solely because our decision conflicts withjdeci-sions released by other district courts of appeal on the standing issue. Torres v. State, 541 So. 2d 1224 (Fla. 2d DCA 1989); Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987). . In Slappy, the court set forth a nonexclusive list of factors which weigh against the legitimacy of a race-neutral explanation. When any of the factors are present and the st…
  • Emilio Sanchez-Basulto v. State, 601 So. 2d 1263 (Fla. 3d DCA 1992)
    …stead, the remarks concerning the eyewitness testimony, taken in context, fell within the purview of permissible comment on the evidence. See Johnston v. State, 497 So. 2d 863 (Fla.1986); State v. Sheperd, 479 So. 2d 106 (Fla.1985); Torres v. State, 541 So. 2d 1224 (Fla. 2d DCA), reversed on other grounds, 548 So. 2d 660 (Fla.1989). Accordingly, defendant’s convictions are affirmed.…
  • Willoughby Turner COX v. State, 618 So. 2d 291 (Fla. 2d DCA 1993)
    …ed, and the only question really in dispute was the extent of the injury. See Wyche v. State, 573 So. 2d 953 (Fla. 2d DCA 1991). We cannot, however, apply the harmless error analysis in this case. The state correctly argues that in Torres v. State, 541 So. 2d 1224 (Fla. 2d DCA 1989), quashed on other grounds, 548 [*293] So. 2d 660 (Fla.1989), this court found that the trial court’s failure to instruct on grand theft as a lesser included offense of robbery with a firearm was harmless error because grand theft…

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