Burnett v. State

District Court of Appeal of Florida

Burnett v. State

546 So. 2d 1191, 14 Fla. L. Weekly 1855, 1989 Fla. App. LEXIS 4387, 1989 WL 86786

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1989

DocketNo. 87-1419

StatusPublished

This text of 546 So. 2d 1191 (Burnett 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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Burnett v. State, 546 So. 2d 1191, 14 Fla. L. Weekly 1855, 1989 Fla. App. LEXIS 4387, 1989 WL 86786 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The appellant appeals from his judgment and sentence for aggravated battery and contends that he was improperly sentenced. At sentencing, the trial judge departed upward from the guidelines recommended range in this case without signing a written guidelines departure order although he orally articulated a reason for departure. This is contrary to State v. Jackson, 478 So.2d 1054 (Fla.1985). Therefore, we reverse and remand for resentencing. Any departure sentence should be accompanied by a written departure order.

Judgment affirmed; sentence reversed.

SCHEB, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

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PER CURIAM.

The appellant appeals from his judgment and sentence for aggravated battery and contends that he was improperly sentenced. At sentencing, the trial judge departed upward from the guidelines recommended range in this case without signing a written guidelines departure order although he orally articulated a reason for departure. This is contrary to State v. Jackson, 478 So.2d 1054 (Fla.1985). Therefore, we reverse and remand for resentencing. Any departure sentence should be accompanied by a written departure order.

Judgment affirmed; sentence reversed.

SCHEB, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

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Bluebook (online)

546 So. 2d 1191, 14 Fla. L. Weekly 1855, 1989 Fla. App. LEXIS 4387, 1989 WL 86786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnett-v-state-fladistctapp-1989.

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