Deegan v. State

District Court of Appeal of Florida

Deegan v. State

503 So. 2d 970, 12 Fla. L. Weekly 745, 1987 Fla. App. LEXIS 12044

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1987

DocketNo. 4-86-1103

StatusPublished

Cited by1 cases

This text of 503 So. 2d 970 (Deegan 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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Deegan v. State, 503 So. 2d 970, 12 Fla. L. Weekly 745, 1987 Fla. App. LEXIS 12044 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The trial court, without giving any written reasons for doing so, imposed a sentence for revocation of probation that constituted a two-cell deviation from the guideline sentence for appellant’s underlying offense of battery on a law enforcement officer. Although a trial court may make a one-cell deviation from the guidelines after revocation of probation without giving a reason for departure, written reasons for departure must accompany any greater deviation. The Florida Bar Re: Rules of Criminal Procedure, 482 So.2d 311 (Fla.1985); Rule 3.701(d)(11), (14), Fla.R.Crim.P.; Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984). We therefore vacate the sentence imposed by the trial court and remand the case for resentencing.

REVERSED and REMANDED.

HERSEY, C.J., and DELL and GUNTHER, JJ., concur.

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PER CURIAM.

The trial court, without giving any written reasons for doing so, imposed a sentence for revocation of probation that constituted a two-cell deviation from the guideline sentence for appellant’s underlying offense of battery on a law enforcement officer. Although a trial court may make a one-cell deviation from the guidelines after revocation of probation without giving a reason for departure, written reasons for departure must accompany any greater deviation. The Florida Bar Re: Rules of Criminal Procedure, 482 So.2d 311 (Fla.1985); Rule 3.701(d)(11), (14), Fla.R.Crim.P.; Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984). We therefore vacate the sentence imposed by the trial court and remand the case for resentencing.

REVERSED and REMANDED.

HERSEY, C.J., and DELL and GUNTHER, JJ., concur.

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503 So. 2d 970, 12 Fla. L. Weekly 745, 1987 Fla. App. LEXIS 12044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deegan-v-state-fladistctapp-1987.

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