RICHARD STANLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Stanley's conviction but reversed and remanded for resentencing because the trial judge imposed a departure sentence without written reasons, as required by sentencing guidelines.
A trial judge must provide contemporaneous written reasons when imposing a departure sentence that deviates from sentencing guidelines.
[1] A trial court imposing a departure sentence must provide contemporaneous written reasons explaining the departure from sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceStanley was convicted and sentenced to jail time plus community control, which constituted a departure from the sentencing guidelines. The trial judge…
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PER CURIAM.
We affirm appellant’s conviction. However, we reverse and remand for resentencing as the sentence imposed departed from the guidelines. The trial judge did not give any written reasons because he did not realize that imposing community control in addition to jail time would result in a departure sentence. Betancourt v. State, 550 So. 2d 1121, 1122 (Fla. 3d DCA), rev’d on other grounds, 552 So. 2d 1107 (Fla.1989) (citing State v. Mestas, 507 So. 2d 587 (Fla.1987)). On remand the trial judge may impose a departure sentence if he deems it appropriate and gives contemporaneous written reasons. Betancourt; Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990).
We affirm as to all other issues. The trial court properly reserved jurisdiction to determine the amount of restitution at a later date when the victim’s counseling is completed. Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991) (citing McCaskill v. State, 520 So. 2d 664 (Fla. 1st DCA 1988)). Appellant had constructive notice that restitution would be imposed, § 775.089, Fla.Stat. (1989), and will have the opportunity to be heard after notice of the future hearing. State v. Beasley, 580 So. 2d 139 (Fla.1991).
AFFIRMED IN PART; REVERSED IN PART AND REMANDED FOR RESEN-TENCING.
ANSTEAD, POLEN and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harmon v. State, 599 So. 2d 754 (Fla. 4th DCA 1992)…th DCA 1990). While defense counsel did argue below that appellant’s sentence “may very well be illegal” because a prison term should not be followed by community control, he failed to cite any ease law supporting his position. In Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991), the trial judge did not give any written reasons for departure because he did not realize that imposing community control in addition to jail time would result in a departure sentence. Because the trial judge did not realize tha…
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Gladfelter v. State, 604 So. 2d 929 (Fla. 4th DCA 1992)…ntence, is permissible. Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992), approved in part, corrected on other grounds Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992); In the Interest of B.M., 580 So. 2d 896 (Fla. 4th DCA 1991); Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991). We affirm as to this point, and to the extent we are in conflict with State v. Martin, 577 So. 2d 689 (Fla. 1st DCA), rev. denied, State v. Martin, 587 So. 2d 1329 (Fla.1991), we note such conflict. Appellant’s second point is…
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Lemont v. State, 620 So. 2d 250 (Fla. 4th DCA 1993)…s that the trial court either strike the community control provisions of that sentence, or enter an order setting forth legally justifiable reasons for deviating from the guidelines. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990); Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991). ANSTEAD, DELL and KLEIN, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. Mestas, 507 So. 2d 587 (Fla. 1987)
- McCASKILL v. State, 520 So. 2d 664 (Fla. 1st DCA 1988)
- Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990)
- Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991)
- Betancourt v. State, 550 So. 2d 1121 (Fla. 3d DCA 1989)