VANCE EDWARD JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-08-02
No. 89-01138
SCHEB, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
582 So. 2d 1256 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the defendant’s conviction but reverse his upward departure sentence. The trial court granted the state’s request to depart from the guidelines but did not provide any written reasons to support the departure. On remand, the court shall impose a sentence within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990).

SCHEB, A.C.J., and LEHAN and ALTENBERND, JJ., concur.


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  • Crystal v. State, 616 So. 2d 150 (Fla. 1st DCA 1993)
    …-representation on such serious charges, the judge acceded to appellant’s emphatically stated wish to represent himself but appointed the public defender as standby counsel. Several days later, upon reviewing this court’s opinion in Davis v. State, 582 So. 2d 1256 (Fla. 1st DCA1991),1 the trial court decided to revisit the matter of appellant’s self-representation. Crystal’s standby public defender informed the court, as follows: [ASST. P.D.]: [Appellant] emphatically stated he relieved me and formally reque…
  • Brown v. State, 647 So. 2d 197 (Fla. 1st DCA 1994)
    …ended range of five years (three to seven years), and a permitted range of community control or one to twelve years’ incarceration. Appellant was sentenced to four years in prison, to be followed by ten years’ probation. Here, as in Durden v. State, 582 So. 2d 1256, 1257 (Fla. 1st DCA 1991), “[b]ecause the incarcerative portion of appellant’s sentence fell within the permitted range of the guidelines and the total sanction fell within the maximum term provided by general law, the sentence did not exceed the gu…
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  • Koontz v. State, 666 So. 2d 173 (Fla. 5th DCA 1995)
    …further proceedings, including the attachment of portions of the sentencing hearing which conclusively refute Koontz’s argument that the trial court imposed restitution on him without notice or without an opportunity to object. See Dur-den v. State, 582 So. 2d 1256 (Fla. 1st DCA 1991).…

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