DAVID STREET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID STREET, APPELLANT,
STATE OF FLORIDA, APPELLEE
609 So. 2d 779
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing appellant in excess of twenty-seven years without providing written reasons for departure. See Fla.R.Crim.P. 3.988(g). Because the trial court was under the impression that this case did not involve a departure sentence, it may consider on remand whether departure is appropriate, and, if so, shall set forth valid written reasons supporting departure. State v. Bentancourt, 552 So. 2d 1107 (Fla.1989). See also Roberts v. State, 547 So. 2d 129 (Fla.1989).
AFFIRMED IN PART; REVERSED IN PART; REMANDED. HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Street v. State, 899 So. 2d 440 (Fla. 4th DCA 2005)…nd was sentenced in December 1991 to 30 years on each count with all counts to run concurrently, with a three year minimum mandatory on each count to run consecutively. On direct appeal to this court his conviction was affirmed. See Street v. State, 609 So. 2d 779 (Fla. 4th DCA 1992). However, this court found error in his sentence, as he had been sentenced in excess of twenty-seven years, which was the top of the guidelines range based on his original scoresheet, without written reasons for departure being g…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- Doyal Powell Roberts v. State, 547 So. 2d 129 (Fla. 1989)