JOSEPH LEE BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-03-25
No. 95-3787
ALLEN, MICKLE and LAWRENCE, JJ., concur.
670 So. 2d 168 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Although the sentencing guidelines score-sheet called for a maximum sentence of 59.5 months, the trial judge imposed a sentence of 60 months. Because no written reasons for departure were provided, we vacate the appellant’s sentence and remand this case for resentencing -within the guidelines. The appellant need not be present for resentencing.

ALLEN, MICKLE and LAWRENCE, JJ., concur.


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  • McCLENDON v. State, 689 So. 2d 412 (Fla. 1st DCA 1997)
    …”). McClendon need not be present for the correction of his judgment. Sinks v. State, 661 So. 2d 303, 304 (Fla.1995) (reversing for correction of sentence and directing that defendant “does not have to be present for resentencing”); Brown v. State, 670 So. 2d 168 (Fla. 1st DCA 1996) (same). We accordingly affirm McClendon’s convictions and sentences. We nevertheless remand for correction of his judgment. LAWRENCE and PADOVANO, JJ., concur. WEBSTER, J., concurs in result only. . The State, in exchange, dr…

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