ROBERT JONES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Watson v. State, 690 So. 2d 730 (Fla. 4th DCA 1997)
  …us, since no written reasons were given, Appellant’s youthful offender sentence constitutes an improper upward departure sentence. Kepner v. State, 577 So. 2d 576, 578 (Fla.1991); State v. Betancourt, 552 So. 2d 1107, 1108 (Fla.1989); Reed v. State, 681 So. 2d 913, 914 (Fla. 4th DCA 1996). However, where the trial court does not realize it was imposing a departure sentence, the trial court, upon remand, may sentence a defendant within the guidelines or set forth valid reasons for departure. Betancourt, 552 S…
• Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997)
  …, when, as in this case, a trial court is not aware that a departure sentence is being imposed, on remand the court shall have a fresh opportunity to reimpose a departure sentence. Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996); Reed v. State, 681 So. 2d 913 (Fla. 4th DCA 1996); Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996). Reversed and remanded for resentencing. PARKER and WHATLEY, JJ., concur.…

Authorities Cited

• Noble v. State, 570 So. 2d 1133 (Fla. 4th DCA 1990)
• Westlund v. State, 570 So. 2d 1133 (Fla. 4th DCA 1990)