WILLIE SEALS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE SEALS, APPELLANT,
STATE OF FLORIDA, APPELLEE
598 So. 2d 285
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We find no reversible error as to appellant’s several points regarding his conviction. However, we reverse appellant’s sentence because the trial court failed to enter a written statement of the reasons for its departure from the recommended guidelines sentence until approximately six (6) days after its oral pronouncement of those reasons. State v. Lyles, 576 So. 2d 706, 709 (Fla.1991). See Ree v. State, 565 So. 2d 1329 (Fla.1990). We remand for resentencing with no possibility of departure from the guidelines. Owens v. State, 598 So. 2d 64 (Fla.1992); Pope v. State, 561 So. 2d 554 (Fla.1990).
AFFIRMED IN PART, REVERSED IN PART> and REMANDED.
LETTS, POLEN and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 614 So. 2d 34 (Fla. 2d DCA 1993)…] violations.” The state concedes that these reasons are insufficient. Williams v. State, 594 So. 2d 273 (Fla.1992). Although the trial court could have “bumped” the recommended sentence by one cell for each violation of probation; Bedford v. State, 598 So. 2d 285 (Fla. 2d DCA 1992); the result still would have been less than the sentence actually imposed. Accordingly, we remand this case for resentencing. After remand the trial court should also award credit against the new sentence for the entire amount o…
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Korynes v. State, 613 So. 2d 116 (Fla. 2d DCA 1993)…. State, 594 So. 2d 273 (Fla.1992). Accordingly, we remand this case for resentencing. We note that the trial court may “bump” the recommended sentence by one cell for each violation of probation (there appear to have been five). Bedford v. State, 598 So. 2d 285 (Fla. 2d DCA1992). However, had the court done so in this case, the sentence still would have been less than that actually imposed. Reversed. RYDER, A.C.J., and DANAHY and THREADGILL, JJ., concur.…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Lyles, 576 So. 2d 706 (Fla. 1991)
- Owens v. State, 598 So. 2d 64 (Fla. 1992)