Buchanan v. State

Supreme Court of Florida

Buchanan v. State

592 So. 2d 676, 17 Fla. L. Weekly Supp. 98, 1992 Fla. LEXIS 176, 1992 WL 18578

CourtSupreme Court of Florida

DecidedFebruary 6, 1992

DocketNo. 78153

StatusPublished

Cited by4 cases

This text of 592 So. 2d 676 (Buchanan 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.

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Buchanan v. State, 592 So. 2d 676, 17 Fla. L. Weekly Supp. 98, 1992 Fla. LEXIS 176, 1992 WL 18578 (Fla. 1992).

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Opinion

PER CURIAM.

Eugene Buchanan seeks review of State v. Buchanan, 580 So.2d 201, 202 (Fla. 5th DCA 1991), in which the district court certified to this Court the following question of great public importance:

IS A TRIAL COURT REQUIRED TO GIVE CONTEMPORANEOUS WRITTEN REASONS IN DEPARTING DOWNWARD FROM THE GUIDELINES, SINCE FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(b) ALLOWS A COURT IN SOME CRIMINAL CASES UPON RECEIPT OF A TIMELY MOTION TO REDUCE OR MODIFY A SENTENCE WITHOUT EXPRESSLY REQUIRING THE COURT TO GIVE CONTEMPORANEOUS WRITTEN REASONS?

Id. at 202. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answer the question in the affirmative, adopting Judge Sharp’s opinion as the opinion of this Court. Buchanan, 580 So.2d at 202-03 (Sharp, J., on rehearing).

It is so ordered.

SHAW, C.J. and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

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