CHARLES EDWARDS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review Edwards v. State, 748 So. 2d 1106 (Fla. 1st DCA 2000), a decision of the First District Court of Ap peal citing as controlling authority its opinion in Collins v. State, 732 So. 2d 1149 (Fla. 1st DCA 1999), quashed, 766 So. 2d 1009 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Edwards contends that the trial court failed to comply with the statutory requirement to file written reasons for imposing a departure sentence. This issue 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 106-108; see also Collins v. State, 766 So. 2d 1009 (Fla.2000).
Moreover, Edwards claims error based on this Court’s decision in Heggs v. State, 759 So. 2d 620 (Fla.2000). The State concedes error on this issue. Accordingly, we quash the district court’s affirmance of Edwards’ sentence and remand for resentencing in accordance with the sentencing guidelines in effect before the relevant amendments made by chapter 95-184, Laws of Florida, became effective.1
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, C.J., concurs in result only with an opinion.
. Edwards has standing to challenge chapter 95-184 on single-subject rule grounds. See Trapp v. State, 760 So. 2d 924, 928 (Fla.2000).
WELLS, C.J.,
concurring in result only.
I concur in the result in this case, although I continue to believe that Heggs v. State, 759 So. 2d 620 (Fla.2000), was wrongly decided.
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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…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Collins v. State, 766 So. 2d 1009 (Fla. 2000)
- Collins v. State, 732 So. 2d 1149 (Fla. 1st DCA 1999)
- Nowlin v. Thomas, 748 So. 2d 1106 (Fla. 1st DCA 2000)
- Edwards v. State, 748 So. 2d 1106 (Fla. 1st DCA 2000)