JOHN D. SOUTER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Guidelines Sentence cases and more on FLexlaw
DAUKSCH, Judge.
This is an appeal from a sentence. Because the sentencing court erred, both procedurally, by not giving timely written reasons for a departure sentence, and substantively, by not giving legally sufficient written reasons for the departure sentence, we vacate the sentence for escape and remand for a proper guideline sentence. Ree v. State, 565 So. 2d 1329 (Fla.1990); State v. Brown, 530 So. 2d 51 (Fla.1988); Whitehead v. State, 498 So. 2d 863 (Fla.1986). Appellant’s argument regarding other sentences and his classification as an habitual offender as to those is without merit. King v. State, 557 So. 2d 899 (Fla. 5th DCA), rev. denied, 564 So. 2d 1086 (Fla.1990). We affirm the robbery sentences.
AFFIRMED in part; VACATED in part; REMANDED.
PETERSON and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re L.H. v. Dep't of Health & Rehabilitative Servs., 647 So. 2d 311 (Fla. 5th DCA 1994)…n termination of parental rights proceedings. Consequently, we have consistently enforced section 39.409(3)’s requirement of written findings of fact to support a finding of dependency. See Luszczyk v. Department of Health & Rehabilitative Services, 576 So. 2d 431, 432 (Fla. 5th DCA 1991); Williams v. Department of Health & Rehabilitative Services, 568 So. 2d 995, 997 (Fla. 5th DCA 1990); Sigafoos v. Department of Health & Rehabilitative Services, 567 So. 2d 1053, 1053 (Fla. 5th DCA 1990). Accordingly, we va…
-
Fielder v. Dep't of Health & Rehabilitative Servs., 596 So. 2d 520 (Fla. 5th DCA 1992)…y insufficient to support a finding that the father’s natural children were at risk1 and that the order of dependency failed to state facts to support the conclusion reached as required by section 39.409(3), Florida Statutes, see Luszczyk v. H.R.S., 576 So. 2d 431 (Fla. 5th DCA 1991); Williams v. H.R.S., 568 So. 2d 995 (Fla. 5th DCA 1990); Sigafoos v. H.R.S., 567 So. 2d 1053 (Fla. 5th DCA 1990). See also, In re I.T., 532 So. 2d 1085 (Fla. 3d DCA 1988); In re D.M.S., 528 So. 2d 505 (Fla. 2d DCA 1988); Fit…
-
In the interest of M.P. v. State, 632 So. 2d 1051 (Fla. 2d DCA 1994)…as a matter of law, we find that failure to state written findings of fact in a dependency order constitutes reversible error. See In the Interest of T.S., 557 So. 2d 676 (Fla. 2d DCA 1990); see also Luszczyk v. Dept, of Health and Rehab. Services, 576 So. 2d 431 (Fla. 5th DCA 1991). In T.S., this court found that a dependency order stating that “said children were found to be living in the conditions set forth in the petition” failed to properly set forth facts upon which a finding of dependency was based.…
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
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
- State v. Brown, 530 So. 2d 51 (Fla. 1988)