JOSEPH ANTHONY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH ANTHONY JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
599 So. 2d 275
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PATTERSON, Judge.
The trial court imposed a sentence which exceeds the permissible range of the sentencing guidelines, without giving written reasons for the departure. We reverse and remand for resentencing. At the time of sentencing, the trial court did not know that the sentence imposed was a departure sentence. Accordingly, on remand the court may again depart from the guidelines if valid written reasons for departure are given. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990).
SCHOONOVER, C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Trotter v. State, 705 So. 2d 1029 (Fla. 2d DCA 1998)…ourt to resentence Trotter pursuant to the guidelines. However, the trial court may depart from the guidelines if valid reasons for departure are given, because it did not realize it was imposing a departure sentence initially. See Jackson v. State, 599 So. 2d 275 (Fla. 2d DCA 1992). The convictions for which Trotter was habitualized should not be included in the scoresheet. See Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992). Although the trial court announced that it was sentencing Trotter as a habitual…
Authorities Cited
- State v. Vanhorn, 561 So. 2d 584 (Fla. 1990)