VIRGIL ROBINSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-03-14
No. 88-820
Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.
541 So. 2d 1261 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state having conceded error in the sentencing, the sentence be and the same is hereby set aside and the matter returned to the trial court for clarification of the sentence. See Ferguson v. State, 537 So. 2d 144 (Fla. 3d DCA 1989); see and compare Powell v. State, 515 So. 2d 1294 (Fla. 2d DCA 1987).


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Cited By

  • State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)
    …for all criminal sentences imposed outside the applicable guidelines ranges whether the departure is upwards or downwards. State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So. 2d 204 (Fla. 5th DCA 1990); State v. Bradley, 541 So. 2d 1261 (Fla. 3d DCA 1989); State v. Jones, 525 So. 2d 512 (Fla. 4th DCA 1988). The consequence of failing to give contemporaneous written reasons is that the sentencing court must resentence within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990).…
  • Robinson v. State, 571 So. 2d 429 (Fla. 1990)
    …ure Rule 3.701(d)(ll). Instead, it orally gave two reasons for the ordered departure sentence. On appeal, the district court vacated the sentence but observed that the lower court could depart from the guidelines by written order. Robinson v. State, 541 So. 2d 1261 (Fla. 3d DCA 1989). Upon remand, the trial court resentenced Robinson to the same sentence originally ordered. Once again, no written reasons were contemporaneously given to support departure, although some seven months later written reasons for de…
  • Robinson v. State, 557 So. 2d 109 (Fla. 3d DCA 1990)
    …arture and because the reasons given orally were improper, he was entitled to have a guidelines sentence ordered. This court vacated the sentence but observed that the lower court could depart from the guidelines by written order. Robinson v. State, 541 So. 2d 1261 (Fla. 3d DCA 1989). Upon remand, the trial court resentenced appellant to the same sentence originally ordered. Once again, no written reasons were contemporaneously given to support departure, although some seven months later written reasons for…

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