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Cook v. State

691 So. 2d 42, 1997 Fla. App. LEXIS 3151, 1997 WL 154773
CourtDistrict Court of Appeal of Florida
DecidedApril 4, 1997
DocketNo. 95-912
StatusPublished

This text of 691 So. 2d 42 (Cook 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
Cook v. State, 691 So. 2d 42, 1997 Fla. App. LEXIS 3151, 1997 WL 154773 (Fla. Ct. App. 1997).

Opinion

PER CURIAM.

Appellant raises two issues in this appeal. We affirm on the second and reverse as to the first. Hosmer v. State, 523 So.2d 184 (Fla. 1st DCA 1988), holds that it is improper to impose a departure sentence upon revocation of probation without providing written reasons even if the original sentence was a valid departure sentence based on a negotiated plea. As the state properly concedes, the instant case must be remanded for resen-tencing within the original guidelines cell or a one-cell bump-up. See Fla. R.Crim. P. 3.701(d)(14). Accordingly, we remand the cause to the trial court for resentencing.

MINER, ALLEN and PADOVANO, JJ., concur.

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Related

Hosmer v. State
523 So. 2d 184 (District Court of Appeal of Florida, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
691 So. 2d 42, 1997 Fla. App. LEXIS 3151, 1997 WL 154773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-fladistctapp-1997.