STATE OF FLORIDA, APPELLANT,
v.
CLARENCE L. JORDAN, APPELLEE
STATE OF FLORIDA, APPELLANT,
CLARENCE L. JORDAN, APPELLEE
678 So. 2d 526
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
COBB, Judge.
Upon violation of probation by Jordan, the trial court 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 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Dreama Adea Bell, 854 So. 2d 686 (Fla. 5th DCA 2003)…ce imposed after- revocation of probation or community control. See, e.g., State v. Hurley, 772 So. 2d 594 (Fla. 1st DCA 2000); State v. Knopp, 765 So. 2d 164 (Fla. 2d DCA 2000); State v. Woodson, 745 So. 2d 570 (Fla. 5th DCA 1999); State v. Jordan, 678 So. 2d 526 (Fla. 5th DCA 1996); State v. Krueger, 664 So. 2d 26 (Fla. 3d DCA 1995). In all of the above cited cases, appellate courts reversed downward departure sentences imposed after revocation of probation or community control because there was insufficien…
Authorities Cited
- State v. Weaver, 662 So. 2d 1019 (Fla. 5th DCA 1995)
- Barnett Bank OF Volusia Cnty. v. Bell, 652 So. 2d 517 (Fla. 5th DCA 1995)
- State v. Williams, 652 So. 2d 517 (Fla. 5th DCA 1995)