THE STATE OF FLORIDA, APPELLANT,
v.
ELDRICK GAVINS, APPELLEE
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PER CURIAM.
As all parties to this appeal concede that the trial judge did not enter a written order setting forth the reasons for entering a sentence departing from the sentencing guidelines, we remand for entry of the required written order. Fla.R.Crim.P. 3.701(d)11; State v. Jackson, 478 So. 2d 1054, 1055 (Fla.1985) (“We approve that part of the district court’s decision directing a written order expressing reasons for departure.... ”); * accord State v. Oden, 478 So. 2d 51 (Fla.1985), aff'g 463 So. 2d 313, 314 (Fla. 1st DCA 1984). While the trial court’s oral reasons might be supportable under Barbera v. State, 505 So. 2d 413 (Fla.1987), we decline to review the reasons for departure until a written order is entered.
Remanded for entry of written reasons for departure.
*
overruled on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.), cert. granted and remanded, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987) (under Miller v. Florida 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987)).
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State v. Rhoda Smith, 592 So. 2d 1100 (Fla. 3d DCA 1990)…acknowledges that the practice in some districts, including this one, has been to remand in order for the trial court to reduce its oral reasons to a written order, id.; see also, e.g., State v. Evans, 554 So. 2d 675 (Fla.App.1990); State v. Gavins, 555 So. 2d 933 (Fla.App.1990); Oden v. State, 463 So. 2d 313 (Fla. 1st DCA 1984), aff'd 478 So. 2d 51 (Fla.1985), and Pope effectively overrules those decisions. Although we follow Pope as announced, we certify to the Florida Supreme Court the following question o…
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Authorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- THE Florida BAR v. Winter, 478 So. 2d 51 (Fla. 1985)
- Wilkerson v. State, 513 So. 2d 664 (Fla. 1987)
- Oden v. State, 463 So. 2d 313 (Fla. 1st DCA 1984)
- A. G. Becker Inc. v. First Biscayne Corp., 482 U.S. 924 (U.S. 1987)
- Patterson v. Florida, 482 U.S. 924 (U.S. 1987)