STATE OF FLORIDA, APPELLANT,
v.
VINCENT C. STALLMAN, APPELLEE
STATE OF FLORIDA, APPELLANT,
VINCENT C. STALLMAN, APPELLEE
707 So. 2d 353
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
ALTENBERND, Acting Chief Judge.
Affirmed. See Pease v. State, 22 Fla. L. Weekly S624, — So. 2d -, 1997 WL 618705 (Fla. Oct. 9, 1997). On remand, the trial court must file the missing written reasons for downward departure.
QUINCE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Cruz, 710 So. 2d 123 (Fla. 4th DCA 1998)…a valid reason for a downward departure sentence, the court’s failure to file written reasons should not result in a guidelines sentence; rather, the matter is properly remanded for the trial court to file its written reasons. See State v. Stallman, 707 So. 2d 353 (Fla. 2d DCA 1998). In the instant case, the record discloses that the trial judge departed from the sentencing guidelines on the ground that appellant was a drug addict who could be helped by the Fern House drug program. The trial court made this f…
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Pierre v. State, 708 So. 2d 1037 (Fla. 3d DCA 1998)…man v. State, 700 So. 2d 765 (Fla. 3d DCA 1997). Compare Pease v. State, — So. 2d - (Fla. Case no. 87,571, opinion filed, October 9, 1997)[22 FLW S624] (downward departure); State v. Cruz, 710 So. 2d 123 (Fla. 4th DCA 1998)(same); State v. Stallman, 707 So. 2d 353 (Fla. 2d DCA 1998)(same). In addition, the sentence for the multiple offenses of which the defendant was convicted included one for grand theft which exceeded the statutory maximum of five years. Upon remand the sentence for this offense (Count V)…