GARY K. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY K. JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
582 So. 2d 181
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
HERSEY, Judge.
We reverse appellant’s sentence of four years in prison followed by two years of community control as an upward departure from the sentencing guidelines not supported by written reasons. See State v. Betancourt, 552 So. 2d 1107 (Fla.), approving in part Betancourt v. State, 550 So. 2d 1121 (Fla. 3d DCA 1989); State v. Mestas, 507 So. 2d 587 (Fla.1987). Our review of the record leads us to conclude that the trial court did not realize that the sentence was a departure. Accordingly, on remand, the trial court shall either set forth valid reasons for departure or sentence appellant within the guidelines. See Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990).
REVERSED AND REMANDED.
STONE and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 591 So. 2d 295 (Fla. 4th DCA 1991)…rom entering a departure sentence be [*297] cause the record indicates that the trial court did not realize that the sentence it gave Williams was a departure from the guidelines. See State v. Vanhorn, 561 So. 2d 584, 585 (Fla.1990); Jones v. State, 582 So. 2d 181, 181-82 (Fla. 4th DCA 1991). In summary, we affirm the trial court’s imposition of $20.00 in victim costs pursuant to section 960.20. .However, we reverse the trial court’s imposition of $720.00 in court costs and $200.00 pursuant to section 27.345…
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Snyder v. State, 597 So. 2d 384 (Fla. 2d DCA 1992)…Thus, we conclude that Snyder’s sentence is not illegal. The state concedes that the trial court erred in adjudicating Snyder guilty twice for the same offense. On remand, the trial court is to vacate the second adjudication. See Phillips v. State, 582 So. 2d 181 (Fla. 4th DCA 1991). As to restitution, the original judgment states, “FINE OF $5.25. RESTITUTION ORDERED WITHIN 2 YEARS.” As a special condition of probation, the probation order stated that Snyder would, by February 7, 1993, pay restitution to th…
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Reed v. State, 681 So. 2d 913 (Fla. 4th DCA 1996)…rol exceeded recommended guideline sentence, and was departure sentence necessitating written reasons; the Youthful Offender Act limits a youthful offender sentence to the maximum sentence authorized under the sentencing guidelines); Jones v. State, 582 So. 2d 181 (Fla. 4th DCA 1991) (reversing sentence of four years probation followed by two years community control on the authority of Betancourt, as an upward departure from the sentencing guidelines). Since it does not appear that the trial court realized it…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. Mestas, 507 So. 2d 587 (Fla. 1987)
- Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990)
- Betancourt v. State, 550 So. 2d 1121 (Fla. 3d DCA 1989)