KENNETH BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-07-29
No. 93-2414
COBB, PETERSON and THOMPSON, JJ., concur.
639 So. 2d 1136 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER-CURIAM.

The appellant received a penalty combining community control and incarceration, an unauthorized departure from the second cell of the sentencing guidelines scoresheet. State v. Davis, 630 So. 2d 1069 (Fla.1994). We vacate the sentence and remand for re-sentencing.

Because it does not appear from the record that such a departure was intended when the sentence was initially imposed, the trial court on remand may depart from the guidelines upon providing valid written reasons. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990); State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Dyer v. State, 534 So. 2d 843 (Fla. 5th DCA 1988).

SENTENCE VACATED; REMANDED.

COBB, PETERSON and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Coleman v. State, 651 So. 2d 239 (Fla. 5th DCA 1995)
    …however, that the trial court did not intend to impose a departure sentence; therefore, upon remand, the trial court may depart from the guidelines by providing valid written reasons. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990); Brown v. State, 639 So. 2d 1136 (Fla. 5th DCA 1994). Next, Coleman asserts that the trial court imposed restitution without first considering his financial resources. The record shows that Coleman attempted to assert his inability to pay restitution and asked the trial court to…
  • Garaguso v. State, 648 So. 2d 327 (Fla. 5th DCA 1995)
    …itted by the guidelines. State v. Davis, 630 So. 2d 1059 (Fla.1994); Felty v. State, 630 So. 2d 1092 (Fla.1994). Accordingly, we quash the sentence and remand for resentencing. See Hicks v. State, 640 So. 2d 1221 (Fla. 5th DCA 1994); Brown v. State, 639 So. 2d 1136 (Fla. 5th DCA 1994). AFFIRMED in part; SENTENCE QUASHED; REMANDED for resentencing. GOSHORN and DIAMANTIS, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw