THERION C. FRIERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANIEL, Chief Judge.
On appeal, the defendant contends that his departure sentence is invalid because the trial court failed to set forth written reasons for the departure. It is reversible error to impose a departure sentence under the sentencing guidelines without an accompanying written statement delineating the reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987); McCaskell v. State, 542 So. 2d 461 (Fla. 5th DCA 1989). Accordingly, we affirm the defendant’s conviction for burglary, reverse his sentence and remand with directions that the trial judge either resentence the defendant within the range of the recommended sentencing guidelines or set forth in writing clear and convincing reasons for departure.
AFFIRMED in part; REVERSED in part and REMANDED.
COBB, J., and HARRIS, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. State, 554 So. 2d 572 (Fla. 3d DCA 1989)…2d 234 (Fla.1989); Perez v. State, 554 So. 2d 14 (Fla. 3d DCA 1989); Hunnicutt v. State, 549 So. 2d 1138 (Fla. 3d DCA 1989); Crawford v. State, 549 So. 2d 1145 (Fla. 3d DCA 1989); Hamilton v. State, 547 So. 2d 305 (Fla. 3d DCA 1989); Burg v. State, 550 So. 2d 1192 (Fla. 5th DCA 1989); Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989). Reversed and remanded for resentenc-ing.…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Wilkerson v. State, 513 So. 2d 664 (Fla. 1987)
- Obidiah McCASKELL v. State, 542 So. 2d 461 (Fla. 5th DCA 1989)