STATE OF FLORIDA, APPELLANT,
v.
PETER NORMAN FRASER, APPELLEE

Fla. 2d DCA | 1990-08-10
No. 89-03256
DANAHY, A.C.J., and PATTERSON, J., concur.
564 So. 2d 1262 Florida District Court of Appeal, Second District (1990) Negative Treatment
Cited by 12 cases
Topics
Written Reasons For Sentencing Departure

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

The state challenges the downward guidelines departure sentence imposed upon the appellee, Peter Fraser. The state alleges and Fraser concedes, that the trial court failed to provide written reasons justifying the downward departure. Recently, in Pope v. State, 561 So. 2d 554 (Fla.1990), the Florida Supreme Court held that upon remand for failure to provide written reasons, the trial court must resentence the offender within the recommended guidelines range. Although Pope was an upward departure, this court, in State v. Cook, 15 F.L.W. 1822 (Fla.2d DCA July 13, 1990), applied Pope in a downward departure setting.

We must, therefore, reverse Fraser’s sentence and remand for resentencing, pursuant to the guidelines. In all other aspects, this matter is affirmed.

DANAHY, A.C.J., and PATTERSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Fraser v. State, 602 So. 2d 1299 (Fla. 1992)
    …1300] and the district court reversed pursuant to Pope v. State, 561 So. 2d 554 (Fla.1990) (holding that where trial court fails to provide written reasons for departure, trial court must impose a guidelines sentence on remand). See State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990). At resentencing, the trial court again imposed the downward departure sentence and provided written reasons. The State again appealed, and the district court again reversed, but certified two questions of great public importance.…
  • Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)
    …initially given the defendant a downward departure sentence of community control. Because the trial court failed to provide contemporaneous written reasons for the departure, the state appealed and this court reversed the sentence. State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990). In a subsequent appeal, we held that the trial court could not provide written reasons for a downward departure at Fraser’s sentencing on remand, but was required to sentence Fraser to a guidelines sentence. State v. Fraser, 582…
  • State v. McCALL, 573 So. 2d 362 (Fla. 5th DCA 1990)
    …Fla.R.Crim.P. 3.701(d)(11). Because no written reasons were provided, on remand, the trial court must resentence within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990); State v. Reliford, 568 So. 2d 534 (Fla. 3d DCA 1990); State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990). REVERSED and REMANDED FOR RE-SENTENCING. GOSHORN and PETERSON, JJ., concur.…

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