THE STATE OF FLORIDA, APPELLANT,
v.
ANTHONY THOMAS, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
ANTHONY THOMAS, APPELLEE
954 So. 2d 1253
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court erred by imposing a downward departure sentence upon the defendant, over the State’s objection, without providing a written statement delineating the reasons for the departure. See Fla. R.Crim. P. 3.701(d)(11); State v. Sherman, 909 So. 2d 963 (Fla. 3d DCA 2005); State v. Jones, 579 So. 2d 884 (Fla. 2d DCA 1991); State v. Brown, 542 So. 2d 1371 (Fla. 4th DCA 1989). Accordingly, we reverse and remand for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reeves v. State, 23 So. 3d 1263 (Fla. 4th DCA 2009)…n and Sentence. It is well settled that an order denying a motion to mitigate a judgment and sentence pursuant to Rule 3.800(c), Fla. R.Crim. P., is a non-appealable order. Howard v. State, 914 So. 2d 455 (Fla. 4th [*1265] DCA 2005); Brovm v. State, 954 So. 2d 1253 (Fla. 4th DCA 2007); Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997). Accordingly, we sua sponte dismiss the appeal. WARNER and LEVINE, JJ., concur. . Judgment and Sentence was entered in this cause on April 14, 2008. An amended Notice of Appea…
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Barrett v. State, 150 So. 3d 803 (Fla. 4th DCA 2014)…to the original sentencing and does not constitute a new sentencing. It is merely a modification of the original sentence. See Fla. R. Crim. P. 3.800(c). Moreover, the motion is discretionary, and no appellate review lies. See, e.g., Brown v. State, 954 So. 2d 1253 (Fla. 4th DCA 2007); Johnson v. State, 543 So. 2d 1289 (Fla. 4th DCA 1989). Were it a de novo sentencing, the appellant would be entitled to an appeal. The [*804] mitigation being a part of the original sentencing, the trial court was not compelled…
Authorities Cited
- Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989)
- State v. Jones, 579 So. 2d 884 (Fla. 2d DCA 1991)
- State v. Sherman, 909 So. 2d 963 (Fla. 3d DCA 2005)
- Adams v. State, 909 So. 2d 963 (Fla. 3d DCA 2005)