THE STATE OF FLORIDA, APPELLANT,
v.
LEROY SHERRILL, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
LEROY SHERRILL, APPELLEE
678 So. 2d 7
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So. 2d 28, 29 (Fla.1994); Pope v. State, 561 So. 2d 554 (Fla.1990). On remand, however, the trial court must give the defendant the opportunity to withdraw his plea. State v. Gordon, 645 So. 2d 140 (Fla. 3d DCA 1994), review denied, 652 So. 2d 816 (Fla.1995); State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Barr, 947 So. 2d 1277 (Fla. 3d DCA 2007)…at sentencing, we reverse. See State v. Payne, 684 So. 2d 863, 864 (Fla. 2d DCA 1996)(holding that when a trial court enters a downward departure from the sentencing guidelines, it must provide valid written reasons for doing so); State v. Sherrill, 678 So. 2d 7, 7 (Fla. 3d DCA 1996)(same); see also Pease v. State, 712 So. 2d 374, 376-77 (Fla.1997)(holding that failure to provide valid written reasons for entering a departure downward from the sentencing guidelines may be affirmed if the trial court orally…
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State v. Nelson, 692 So. 2d 319 (Fla. 3d DCA 1997)…FLETCHER, Judge (concurring). Based on the controlling authority of Jones v. State, 639 So. 2d 28 (Fla.1994) and State v. Sherrill, 678 So. 2d 7 (Fla. 3d DCA 1996), I join the majority opinion. I write separately only to express my concern over the apparent inequity of result in this case involving an arguably proper downward departure from the sentencing guidelines1 which is now no longer a…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- State v. Gordon, 645 So. 2d 140 (Fla. 3d DCA 1994)
- Jones v. State, 639 So. 2d 28 (Fla. 1994)
- State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993)