Boehmer v. State

Supreme Court of Florida

Boehmer v. State

489 So. 2d 1130, 11 Fla. L. Weekly 271, 1986 Fla. LEXIS 3055

CourtSupreme Court of Florida

DecidedJune 19, 1986

DocketNo. 67446

StatusPublished

This text of 489 So. 2d 1130 (Boehmer v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boehmer v. State, 489 So. 2d 1130, 11 Fla. L. Weekly 271, 1986 Fla. LEXIS 3055 (Fla. 1986).

Pincite

Opinion

ADKINS, Justice.

We have for review Boehmer v. State, 472 So.2d 555 (Fla. 5th DCA 1985), which the district court certified as conflicting with Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), aff'd, 478 So.2d 351 (Fla.1985), cert. denied, 106 S.Ct. 1232 (1986), and Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984), aff'd 478 So.2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Our recent approval of Boynton and Jackson, in which we held that a departure sentence must be accompanied by a written statement delineating the reasons for departure, requires us to quash the decision of the district court and direct the district court to remand to the trial court for sentencing consistent with this opinion.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.

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