JOSEPH WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for burglary and assault was affirmed because the trial court's failure to issue contemporaneous written reasons for departure from sentencing guidelines was not reversible error under the prospective-only application of Ree v. State.
A trial court's failure to issue written reasons for sentencing departure contemporaneously with oral pronouncement is not reversible error when the sentence was imposed before Ree v. State was decided, as Ree applies only prospectively.
[1] A sentencing court's failure to issue written reasons for departure from guidelines contemporaneously with oral pronouncement is not reversible error when the sentence wa…
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Join FLexlaw to unlock all legal intelligenceWilliams was convicted of burglary and assault, a first-degree felony. At sentencing, the trial judge orally stated two reasons for departing from the…
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WIGGINTON, Judge.
Appellant appeals a judgment and sentence finding him guilty of burglary and assault, a first-degree felony punishable by life. He challenges only his sentence, asserting error in the fact that when the sentence was orally pronounced, the court failed to issue “contemporaneous written reasons for departure from the sentencing guidelines in accordance with the dictates of Ree v. State, 14 F.L.W. 565, (Fla. Nov. 16, 1989). We affirm.
At the sentencing hearing, the trial judge orally stated two reasons for departing from the guidelines recommendation of 2lh to 3½ years and imposed a life sentence. However, he did not file the written departure order, which cited the same two reasons, until approximately two weeks later. Appellant asserts that pursuant to Ree, he reversibly erred in failing to hand down a “contemporaneous” written statement of his departure reasons simultaneously with the pronouncement of sentence. However, in an opinion issued on rehearing in Ree, the supreme court has declared that the Ree holding shall only be applied prospectively. Ree v. State, 565 So. 2d 1329 (Fla.1990). Since appellant’s sentence was imposed prior to rendition of Ree, Ree is not applicable to this case and thus does not compel reversal. See Williams v. State, 565 So. 2d 838 (Fla. 1st DCA 1990).
AFFIRMED.
BARFIELD and WOLF, JJ., concur.
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Felts v. State, 574 So. 2d 1205 (Fla. 1st DCA 1991)…PER CURIAM. AFFIRMED. Brown v. State, 565 So. 2d 369 (Fla. 1st DCA 1990); Williams v. State, 565 So. 2d 838 (Fla. 1st DCA 1990); Williams v. State, 566 So. 2d 22 (Fla. 1st DCA 1990); and Henderson v. State, 567 So. 2d 493 (Fla. 1st DCA 1990). SHIVERS, C.J., and WIGGINTON and MINER, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- Ritteman v. Dep't of Env't Reg., 565 So. 2d 838 (Fla. 1st DCA 1990)