ANTHONY SIKORSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY SIKORSKI, APPELLANT,
STATE OF FLORIDA, APPELLEE
687 So. 2d 46
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Anthony Sikorski challenges his adjudication for direct criminal contempt. He contends, and the state agrees, that the trial court did not follow the procedural requirements of Florida Rule of Criminal Procedure 3.830. The trial court failed to provide a written judgment of guilt reciting the facts upon which the adjudication of guilt is based as required by rule 3.830. See Spivey v. State, 616 So. 2d 550 (Fla. 2d DCA 1993). Therefore, we reverse Sikorski’s direct criminal contempt order and remand the case with directions that the trial court render a judgment in compliance with rule 3.830.
Reversed and remanded with directions.
FRANK, A.C.J., and PARKER and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fields v. State, 712 So. 2d 413 (Fla. 2d DCA 1998)…asingly violent crimes, or a pattern of increasingly serious criminal activity.” Furthermore, the designation of Fields as a youthful offender will not support departure from the guidelines without valid written rea [*414] sons. See Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997); Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996). Because the trial judge imposed an invalid departure sentence, the new sentence must be within the guidelines. If the court imposes another youthful offender sentence, the te…
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Doyle v. State, 788 So. 2d 368 (Fla. 2d DCA 2001)…s de minimis, resulting in him serving only an additional ten days. We disagree. In the absence of written reasons to support the upward departure, even youthful offender sentences cannot exceed the sentencing guidelines. See, e.g., Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997); Watson v. State, 690 So. 2d 730 (Fla. 4th DCA 1997). Moreover, no offender should be subject to confinement for even one day more than required under a legal sentence. We, therefore, remand this case for resentenc-ing in accordan…
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Demond Lamont Alexander v. State, 744 So. 2d 1190 (Fla. 2d DCA 1999)…al court was under the mistaken belief that the sentencing guidelines did not apply to sentencing as a youthful offender and that the six-year sentence imposed was not a departure sentence. Therefore, consistent with our holdings in Easton v. State, 687 So. 2d 46 (Fla. 2d DCA 1997) and Hernandez v. State, 672 So. 2d 66 (Fla. 2d DCA 1996), we reverse appellant’s sentence and remand for resentencing. On remand, the trial court may reimpose the same six-year sentence, provided written reasons for departure ar…
Authorities Cited
- Buraty v. State, 616 So. 2d 550 (Fla. 4th DCA 1993)
- Spivey v. State, 616 So. 2d 550 (Fla. 2d DCA 1993)