Allen v. State

560 So. 2d 294, 1990 Fla. App. LEXIS 2744, 1990 WL 48608
Procedural entryThis page is a short order in Allen v. State. Read the opinion of the Court — 515 So. 2d 256
District Court of Appeal of Florida·Decided April 18, 1990·No. No. 88-01305·Published

Opinion

PER CURIAM.

At sentencing the trial court departed upward from the recommended guidelines sentence and orally gave as a reason the appellant’s multiple violations of probation. This is a valid reason for departure. Williams v. State, 559 So.2d 680 (Fla. 2d DCA April 4, 1990) (en banc). However, no written reason for departure was filed. We, therefore, remand for re-sentencing and entry of a written order setting forth the reasons for departure in accordance with Florida Rule of Criminal Procedure 3.701(d)(11), if the trial court again departs.

Remanded.

SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.

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Allen v. State, 560 So. 2d 294, 1990 Fla. App. LEXIS 2744, 1990 WL 48608 (Fla. Ct. App. 1990).

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Related

Williams v. State
559 So. 2d 680 (District Court of Appeal of Florida, 1990)