STATE OF FLORIDA, APPELLANT,
v.
DERRICK L. WILLIAMS, APPELLEE
STATE OF FLORIDA, APPELLANT,
DERRICK L. WILLIAMS, APPELLEE
652 So. 2d 517
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
PETERSON, Judge.
We vacate the “reverse split sentence” which was imposed upon the appellant without contemporaneous written reasons for the downward departure, and we remand for sentencing within the guidelines. § 948.01(11), Fla.Stat. (1991); Bell v. State, 651 So. 2d 237 (Fla. 5th DCA 1995); State v. Disbrow, 626 So. 2d 1123 (Fla. 5th DCA 1993), approved, 642 So. 2d 740 (Fla.1994).
SENTENCE VACATED; REMANDED.
HARRIS, C.J., and GRIFFIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Jordan, 678 So. 2d 526 (Fla. 5th DCA 1996)…entered a downward departure sentence without setting forth any written reasons for such departure. This is improper, and is so acknowledged by the appellee’s [*527] brief. See State v. Weaver, 662 So. 2d 1019 (Fla. 5th DCA 1995); State v. Williams, 652 So. 2d 517 (Fla. 5th DCA 1995); Fla. R.Crim. P. 3.701(d)(ll). Moreover, the oral reasons expressed by the trial court for the downward departure are insufficient. REVERSED AND REMANDED FOR SENTENCING WITHIN THE GUIDELINES. W. SHARP and GOSHORN, JJ., concur…
Authorities Cited
- Disbrow v. State, 642 So. 2d 740 (Fla. 1994)
- Bell v. State, 651 So. 2d 237 (Fla. 5th DCA 1995)
- Farrington v. State, 626 So. 2d 1123 (Fla. 5th DCA 1993)
- State v. Disbrow, 626 So. 2d 1123 (Fla. 5th DCA 1993)