DANIEL DEAN HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANIEL DEAN HENDERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
622 So. 2d 172
Florida District Court of Appeal, First District (1993)
Caution
Cited by 2 cases
Opinion of the Court
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 (Fla.1991); Robinson v. State, 520 So. 2d 1 (Fla.1988). No reasons for departure were provided. Accordingly, we VACATE the sentence and REMAND for resentencing within the guidelines, with no possibility of departure therefrom. Pope v. State, 561 So. 2d 554 (Fla.1990). The trial court is directed to give the appellant credit for all time served as of the date of final resentencing. See Brown v. State, 584 So. 2d 209 (Fla. 1st DCA 1991).
ZEHMER, C.J., and BARFIELD and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Teal v. State, 658 So. 2d 603 (Fla. 4th DCA 1995)…(Fla.1982). However, here, unlike Bryant, where defendant’s trial counsel failed to request an “independent act” instruction, and did not object to it not being given, he cannot raise the issue for the first time on direct appeal. Amrhein v. State, 622 So. 2d 172 (Fla. 2d DCA 1993). Thus, we find no merit to defendant’s first issue on appeal. However, we do find merit to defendant’s second issue on appeal. Under Florida Rule of Criminal Procedure 3.988(c), the permissive incareerative ceiling for committin…
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State v. Dunn, 9 So. 3d 666 (Fla. 1st DCA 2009)…[W]hen an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.” 561 So. 2d 554, 556 (Fla.1990); see also Henderson v. State, 622 So. 2d 172, 173 (Fla. 1st DCA 1993) (reversing the defendant’s departure sentence due to the trial court’s failure to provide reasons for departure and remanding “for resentencing within the guidelines, with no possibility of departure therefrom”); State v. Ti…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Robinson v. State, 520 So. 2d 1 (Fla. 1988)
- Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991)
- Brown v. State, 584 So. 2d 209 (Fla. 1st DCA 1991)
- Henderson v. State, 596 So. 2d 774 (Fla. 1st DCA 1992)