STATE OF FLORIDA, APPELLANT,
v.
KELVIN L. DUNN, APPELLEE
STATE OF FLORIDA, APPELLANT,
KELVIN L. DUNN, APPELLEE
970 So. 2d 922
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Because the trial court failed to make any written or oral findings to support the downward departure sentence, the sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the trial court wishes to depart downward from the lowest permissible sentence indicated on the Criminal Punishment Code scoresheet, under section 921.00265(2), Florida Statutes, it must announce on the record a valid reason for so doing. State v. Carlson, 911 So. 2d 234 (Fla. 2d DCA 2005); State v. Marshall, 869 So. 2d 754 (Fla. 5th DCA 2004).
BARFIELD, WOLF, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Dunn, 9 So. 3d 666 (Fla. 1st DCA 2009)…PER CURIAM. The State appeals the trial court’s resen-tencing of Kelvin L. Dunn to a downward departure sentence following this court’s reversal and remand of his original downward departure sentence in State v. Dunn, 970 So. 2d 922 (Fla. 1st DCA 2007). The State contends that on remand, the trial court was required to sentence Dunn within the guidelines. We agree. In Pope v. State, the supreme court held, “[W]hen an appellate court reverses a departure sentence because there…
Authorities Cited
- State v. Carlson, 911 So. 2d 234 (Fla. 2d DCA 2005)
- State v. Marshall, 869 So. 2d 754 (Fla. 5th DCA 2004)