Burkett v. State

District Court of Appeal of Florida

Burkett v. State

681 So. 2d 741, 1996 Fla. App. LEXIS 5627, 1996 WL 284268

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 1996

DocketNo. 95-00845

StatusPublished

This text of 681 So. 2d 741 (Burkett 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.

Bluebook

Burkett v. State, 681 So. 2d 741, 1996 Fla. App. LEXIS 5627, 1996 WL 284268 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Richard Burkett challenges his judgment and sentence alleging the trial court erred in denying his amended motion for a statement of particulars and in sentencing beyond the guidelines without written reasons. We affirm the denial of the motion for statement of particulars since the trial court did not abuse its discretion in concluding the state could not allege a more specific time. Dell’Orfano v. State, 616 So.2d 33 (Fla.1993). This case is remanded to the trial court for resentencing within the guidelines because there are no written reasons for departure in the record.

[742]*742The judgment is affirmed with directions to resentence Burkett within the applicable sentencing guidelines.

FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., concur.

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PER CURIAM.

Richard Burkett challenges his judgment and sentence alleging the trial court erred in denying his amended motion for a statement of particulars and in sentencing beyond the guidelines without written reasons. We affirm the denial of the motion for statement of particulars since the trial court did not abuse its discretion in concluding the state could not allege a more specific time. Dell’Orfano v. State, 616 So.2d 33 (Fla.1993). This case is remanded to the trial court for resentencing within the guidelines because there are no written reasons for departure in the record.

[742]*742The judgment is affirmed with directions to resentence Burkett within the applicable sentencing guidelines.

FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., concur.

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Bluebook (online)

681 So. 2d 741, 1996 Fla. App. LEXIS 5627, 1996 WL 284268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkett-v-state-fladistctapp-1996.

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