LEONARD SYLVESTER PERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant raises two issues for our review. We affirm the first issue without further discussion. We reverse and remand for re-sentencing on the second issue.
Appellant was convicted of possession of cocaine and sentenced under the 1994 guidelines to one year in county jail followed by two years on community control based on a guidelines scoresheet total of 34 points. As we explained in our opinion in Simmons v. State, 668 So. 2d 654 (Fla. 1st DCA 1996), the trial court has imposed a departure sentence without written reasons. Accordingly, we remand for resentencing. We also certify the same question that we certified in Simmons:
IS THE RULE IN DAVIS v. STATE, 630 So. 2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?
MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Perry, 687 So. 2d 831 (Fla. 1997)…uestion to be of great public importance: IS THE RULE IN STATE v. DAVIS, 630 So. 2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES? Perry v. State, 673 So. 2d 557 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We answered this question in State v. Simmons, 687 So. 2d 827 (Fla.1997). There we wrote: [T]he 1994 guidelines, contain no disjunctive wording and require new interpretation…
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Rodgie Lamar Watkins v. State, 680 So. 2d 547 (Fla. 1st DCA 1996)…olved an earlier version of the guidelines which authorized these sanctions only in the disjunctive, the rule 3.702 guidelines have been construed in the same manner. See Simmons v. State, 668 So. 2d 654 (Fla. 1st DCA 1996); see also Perry v. State, 673 So. 2d 557 (Fla. 1st DCA 1996). As in Simmons and Perry, we certify the following question: IS THE RULE IN STATE v. DAVIS, 630 So. 2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NON-STATE PRISON SANCTIONS, APPLICABLE UNDER THE FLO…
Authorities Cited
- State v. Davis, 630 So. 2d 1059 (Fla. 1994)
- Antrone Lamont Simmons v. State, 668 So. 2d 654 (Fla. 1st DCA 1996)