CHEROKEE GUERRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHEROKEE GUERRA, APPELLANT,
STATE OF FLORIDA, APPELLEE
623 So. 2d 610
Florida District Court of Appeal, Fifth District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*611] PER CURIAM.
It has become axiomatic under Florida sentencing law that a court may not depart from the guidelines without providing timely filed written reasons. Here, by supporting the departure only with oral reasons at the sentencing hearing, the trial court erroneously imposed a sentence one and one-half years in excess of the guidelines. Ree v. State, 565 So. 2d 1329 (Fla.1990). The failure to support the departure deprives the trial court of the opportunity to impose the harsher sentence upon remand. Pope v. State, 561 So. 2d 554 (Fla.1990). The judgment of conviction is affirmed, but the sentence is vacated and we remand for resentencing within the guidelines.
HARRIS, C.J., and W. SHARP and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ruff v. State, 637 So. 2d 57 (Fla. 5th DCA 1994)…nce. There is no agreement as to which case that would be, however. As to the second ground for appeal, appellee concedes the trial judge erred in imposing a departure sentence without giving written reasons therefor. As we said in Guerra v. State, 623 So. 2d 610, 611 (Fla. 5th DCA 1993), and appellant reminds us in his brief, “It has become axiomatic under Florida sentencing law that a court may not depart from the guidelines without providing timely filed written reasons.” This problem is compounded by the…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)