ROBERT RAY FERGUSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT RAY FERGUSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
548 So. 2d 1183
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GOSHORN, Judge.
The appellant, Robert Ferguson, appeals his guideline departure sentence because the trial judge did not provide written reasons for departure as required by Fla.R. Crim.P. 3.701(d)(ll). Accordingly, the sentence is vacated and remanded for resentencing. See Wilkerson v. State, 513 So. 2d 664 (Fla.1987); State v. Jackson, 478 So. 2d 1054 (Fla.1985), superceded on other grounds by Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989).
REVERSED AND REMANDED.
SHARP, J. and ORFINGER, M., J., (retired), concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bennett Smith v. State, 623 So. 2d 840 (Fla. 5th DCA 1993)…13(1)(e)(1) rather than section 893.135(1)(b), as it presently states. See Green v. State, 619 So. 2d 36 (Fla. 5th DCA 1993); Surratt v. State, 605 So. 2d 177 (Fla. 5th DCA 1992); Griffin v. State, 565 So. 2d 918 (Fla. 5th DCA 1990); Heath v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989); Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988). We remand for correction of this clerical error. Otherwise, the conviction and sentence are affirmed. AFFIRMED; REMANDED for correction of clerical error. W. SHARP, GRIF…
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Ferguson v. State, 566 So. 2d 255 (Fla. 1990)…BARKETT, Judge. We have for review Ferguson v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989), which is in express and direct conflict with the Second District Court of Appeal’s decision in Crigler v. State, 526 So. 2d 176 (Fla. 2d DCA 1988). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Const…
Authorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 513 So. 2d 664 (Fla. 1987)
- Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989)