Boehmer v. State

District Court of Appeal of Florida

Boehmer v. State

472 So. 2d 555, 10 Fla. L. Weekly 1663, 1985 Fla. App. LEXIS 14126

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1985

DocketNo. 84-1618

StatusPublished

Cited by2 cases

This text of 472 So. 2d 555 (Boehmer v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boehmer v. State, 472 So. 2d 555, 10 Fla. L. Weekly 1663, 1985 Fla. App. LEXIS 14126 (Fla. Ct. App. 1985).

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Opinion

COBB, Chief Judge.

We affirm on the basis that the trial court’s departure from the sentencing guidelines does not require a written statement if a sufficient reason for that departure is stated orally at the sentencing hearing and transcribed. See Burke v. State, 456 S.2d 1245 (Fla. 5th DCA 1984); Rutlin v. State, 455 So.2d 1347 (Fla. 5th DCA 1984); Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984); Brady v. State, 457 So.2d 544 (Fla. 2d DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984). But see Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985); Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984).

Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi), we certify conflict with Boynton and Jackson.

AFFIRMED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

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COBB, Chief Judge.

We affirm on the basis that the trial court’s departure from the sentencing guidelines does not require a written statement if a sufficient reason for that departure is stated orally at the sentencing hearing and transcribed. See Burke v. State, 456 S.2d 1245 (Fla. 5th DCA 1984); Rutlin v. State, 455 So.2d 1347 (Fla. 5th DCA 1984); Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984); Brady v. State, 457 So.2d 544 (Fla. 2d DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984). But see Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985); Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984).

Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi), we certify conflict with Boynton and Jackson.

AFFIRMED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

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472 So. 2d 555, 10 Fla. L. Weekly 1663, 1985 Fla. App. LEXIS 14126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boehmer-v-state-fladistctapp-1985.

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