STATE OF FLORIDA, APPELLANT,
v.
KELVIN L. DUNN, APPELLEE
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Florida's appellate court reversed a trial court's downward departure sentence on remand because the trial court was required to sentence within guidelines when the original departure sentence lacked written reasons.
When an appellate court reverses a departure sentence for lack of written reasons, the trial court must resentence within the guidelines with no possibility of departure.
[1] When an appellate court reverses a departure sentence for lack of written reasons, the trial court on remand must impose a sentence within the sentencing guidelines with…
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Join FLexlaw to unlock all legal intelligence“[W]hen an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.”
The court cited Pope v. State, 561 So. 2d 554, 556 (Fla. 1990) to establish the controlling legal standard.
Kelvin L. Dunn received a downward departure sentence that was reversed and remanded by this court in a prior appeal. On remand, the trial court impos…
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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 were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.” 561 So.2d 554, 556 (Fla.1990); see also Henderson v. State, 622 So.2d 172, 173 (Fla. 1st DCA 1993) (reversing the defendant’s departure sentence due to the trial court’s failure to provide reasons for departure and remanding “for resentencing within the guidelines, with no possibility of departure therefrom”); State v. Tiedge, 670 So.2d 191, 192 (Fla. 3d DCA 1996) (instructing the trial court to sentence the defendant to a sentence within the guidelines on remand when the trial court had failed to give *667reasons for the downward departure); Pressley v. State, 921 So.2d 736, 736 (Fla. 1st DCA 2006) (reversing the defendant’s upward departure sentence where the trial court failed to state its reasons for the upward departure and directing the trial court to impose a guidelines sentence on remand). Accordingly, we reverse Dunn’s sentence and remand with directions that the trial court sentence him within the guidelines.
REVERSED and REMANDED with directions.
BARFIELD, ALLEN, and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Jackson, 22 So. 3d 817 (Fla. 1st DCA 2009)…nd remanding for resentencing without departure); Jerry v. State, 19 So. 3d 1167 (Fla. 1st DCA 2009) (reversing and remanding for resentencing within the guidelines where the trial court’s reasons for downward departure were invalid); State v. Dunn, 9 So. 3d 666 (Fla. 1st DCA 2009) (reversing and remanding for resen-tencing within the guidelines where the trial court failed to provide reasons for departure). Therefore, we reverse and remand for resentencing within the guidelines.1 Appellee argues that on r…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Pressley v. State, 921 So. 2d 736 (Fla. 1st DCA 2006)
- Salazar v. Guillermina Garcia Marrero, 670 So. 2d 191 (Fla. 3d DCA 1996)
- State v. Tiedge, 670 So. 2d 191 (Fla. 3d DCA 1996)
- Amrhein v. State, 622 So. 2d 172 (Fla. 2d DCA 1993)
- Henderson v. State, 622 So. 2d 172 (Fla. 1st DCA 1993)
- State v. Dunn, 970 So. 2d 922 (Fla. 1st DCA 2007)
- Mechelle Robinson v. State of Fla. Bd. OF Nursing, 970 So. 2d 922 (Fla. 1st DCA 2007)