DANIEL DEAN HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANIEL DEAN HENDERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
596 So. 2d 774
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The sentence imposed against the appellant is a departure sentence, Robinson v. State, 520 So. 2d 1 (Fla.1988), but no reasons for departure were given. Accordingly, we vacate the sentence and remand for resentencing. Because the sentencing transcript reveals that the trial judge did not know that he was imposing a departure sentence, on remand he may consider a departure sentence. See State v. Betancourt, 552 So. 2d 1107 (Fla.1989). The trial court is directed to give the appellant credit for all time served as of the date of resen- tencing. See Brown v. State, 584 So. 2d 209 (Fla.1991).
BOOTH, BARFIELD and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henderson v. State, 622 So. 2d 172 (Fla. 1st DCA 1993)…PER CURIAM. The sentence imposed against the appellant is a departure sentence. Henderson v. State, 596 So. 2d 774 (Fla. 1st DCA 1992), review denied, 602 So. 2d 941 (Fla.1992); Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991), review denied, 589 So. 2d 291 [*173] (Fla.1991); Robinson v. State, 520 So. 2d 1 (Fla.1988). No reasons for departure were provide…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- Robinson v. State, 520 So. 2d 1 (Fla. 1988)
- Brown v. State, 584 So. 2d 209 (Fla. 1st DCA 1991)