THE STATE OF FLORIDA, APPELLANT,
v.
LEROY RELIFORD, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
LEROY RELIFORD, APPELLEE
568 So. 2d 534
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The trial court failed to give written reasons for a downward departure of sentence after an admission of violation of previously imposed community control. Following the dictates of Pope v. State, 561 So. 2d 554 (Fla.1990), we reverse with directions to give the defendant in the trial court the opportunity to either withdraw an admission of violation of community control, or be sentenced within the guidelines with no possibility of departure.1
Reversed and remanded with directions.
. As we have previously done, we certify to the Supreme Court the question of whether or not Pope v. State, supra, should be applied retroactively.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. McCALL, 573 So. 2d 362 (Fla. 5th DCA 1990)…statement delineating the reasons for the departure. 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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Magrans v. State, 584 So. 2d 1056 (Fla. 3d DCA 1991)…eat public importance: SHOULD POPE V. STATE BE APPLIED RETROACTIVELY TO SENTENCES IMPOSED PRIOR TO APRIL 26, 1990? See Crenshaw v. State, 570 So. 2d 349 (Fla. 3d DCA 1990); Fonseca v. State, 570 So. 2d 424 (Fla. 3d DCA 1990); State v. Reliford, 568 So. 2d 534 (Fla. 3d DCA 1990), review dismissed, 576 So. 2d 290 (Fla.1991); Stennis v. State, 567 So. 2d 1071 (Fla.3d DCA 1990); Perez v. State, 566 So. 2d 881 (Fla. 3d DCA 1990); and State v. Whipple, 15 F.L.W. D1916 (Fla. 3d DCA July 24, 1990). It may be tha…
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State v. Johnson, 591 So. 2d 204 (Fla. 4th DCA 1991)…idelines sentence on remand when a downward departure sentence is reversed. Some districts have explicitly held that. See, e.g., State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Cook, 571 So. 2d 22 (Fla. 2d DCA 1990); State v. Reliford, 568 So. 2d 534 (Fla. 3d DCA 1990) (certified question). Thus, we hold the same, but certify the following question to the supreme court as one of great public importance: IF A TRIAL COURT INTENTIONALLY ENTERS A REDUCED SENTENCE BASED ON A VALID DEPARTURE REASON,…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)