Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GREGORY DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

UPCHURCH, Judge.

This is an appeal from a sentencing guideline departure for convictions of forgery and grand theft. At sentencing, the trial judge orally announced reasons for departing from the sentencing guidelines which were transcribed by the court reporter. The court, however, failed to enter a separate order providing the reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). Recently, the supreme court held that reliance on the record alone is an improper method for delineating reasons for departure, State v. Jackson, 478 So.2d 1054 (Fla. 1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing.

§ 831.01, Fla. Stat. (1983).

§§ 812.014(1)(a), (b) and § 812.014(2)(b)(1), Fla. Stat. (1983).

REVERSED and REMANDED.

COBB, C.J., and DAUKSCH, J., concur.

Use AI to get other relevant cases.

Comments

DAVIS v. STATE
(Jan 16, 1986)