STATE OF FLORIDA, APPELLANT,
v.
COLLEEN MARSH, APPELLEE
STATE OF FLORIDA, APPELLANT,
COLLEEN MARSH, APPELLEE
687 So. 2d 366
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse appellee’s downward departure sentence because the trial court failed to give written reasons. It cannot be determined from the record whether the trial court was aware that it was imposing a departure sentence. Accordingly, on remand, the trial court will not be precluded from imposing a departure sentence so long as valid written reasons are set forth. McGowan v. State, 648 So. 2d 1225 (Fla. 4th DCA 1995).
DELL, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Debose v. State, 699 So. 2d 862 (Fla. 5th DCA 1997)…id not realize that it was imposing a departure sentence, on remand the trial court is not precluded from imposing a departure sentence so long as valid written reasons are stated. See State v. Betancourt, 552 So. 2d 1107 (Fla.1989); State v. Marsk, 687 So. 2d 366 (Fla. 4th DCA 1997); Hicks v. State, 640 So. 2d 1221 (Fla. 5th DCA 1994). CONVICTIONS AFFIRMED; SENTENCES REVERSED; REMANDED. DAUKSCH, GOSHORN and PETERSON, JJ., concur.…
Authorities Cited
- McGOWAN v. State, 648 So. 2d 1225 (Fla. 4th DCA 1995)