BRYAN K. EDMONDSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review Edmondson v. State, 745 So. 2d 533 (Fla. 1st DCA 1999), a decision of the First District Court of Appeal citing as controlling authority its opinion in Butler v. State, 723 So. 2d 865 (Fla. 1st DCA 1998), quashed, 761 So. 2d 319 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The issue in this case involves the trial court’s failure to comply with the statutory requirement to file written reasons for imposing a departure sentence. See Edmondson, 745 So. 2d at 533. This case is governed by our opinion in Maddox v. State, 760 So. 2d 89 (Fla.2000). In Maddox, we determined that a trial court’s failure to file statutorily required reasons for a departure sentence constitutes fundamental error that can be corrected on direct appeal for those appeals that fall within the window period. 760 So. 2d at 106-08. Accordingly, we quash the decision below and remand for further proceedings consistent with this opinion.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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Lanora Malone v. State, 777 So. 2d 449 (Fla. 5th DCA 2001)…GRIFFIN, J., concurring specially. Based on the supreme court’s subsequent descriptions of the holding in Maddox, I concur. Edwards v. State, 771 So. 2d 1136 (Fla.2000); Collins v. State, 766 So. 2d 1009, n. 1 (Fla.2000).…
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Bryant v. State, 793 So. 2d 906 (Fla. 2001)…rial court’s failure to file written reasons justifying the imposition of a departure sentence constituted fundamental error that could be corrected on direct appeal for those appeals that fell within the window period.1 See also Edmondson v. State, 771 So. 2d 1136, 1136 (Fla.2000). Accordingly, we quash the decision below and remand for further proceedings consistent with this opinion.2 It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur. . As this Court note…
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Edmondson v. State, 777 So. 2d 434 (Fla. 1st DCA 2000)…WEBSTER, J. In Edmondson v. State, 771 So. 2d 1136 (Fla.2000), the supreme court quashed our prior decision in this case, Edmondson v. State, 745 So. 2d 533 (Fla. 1st DCA 1999), and remanded for further proceedings in light of Maddox v. State, 760 So. 2d 89 (Fla.2000). The pertinent facts of this ca…
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- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Eli Butler, Jr. v. State, 723 So. 2d 865 (Fla. 1st DCA 1998)
- Edmondson v. State, 745 So. 2d 533 (Fla. 1st DCA 1999)
- Eli Butler, Jr. v. State, 761 So. 2d 319 (Fla. 2000)