Dunn v. State

District Court of Appeal of Florida

Dunn v. State

501 So. 2d 721, 12 Fla. L. Weekly 389, 1987 Fla. App. LEXIS 6503

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1987

DocketNo. 86-1174

StatusPublished

Cited by1 cases

This text of 501 So. 2d 721 (Dunn 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

Dunn v. State, 501 So. 2d 721, 12 Fla. L. Weekly 389, 1987 Fla. App. LEXIS 6503 (Fla. Ct. App. 1987).

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Opinion

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was convicted of second degree murder after he pleaded guilty. Because the crime of which appellant was convicted occurred after October 1,1983, the sentencing guidelines are applicable and the court must impose a guideline sentence. The appellant cannot waive this requirement. Williams v. State, 500 So.2d 501 (Fla.1986). If a departure from the guidelines is warranted then the sentencing judge must clearly state, in writing, the reasons for the departure. State v. Jackson, 478 So.2d 1054 (Fla.1985). The state has conceded the court erred in retaining jurisdiction over appellant’s parole, so that error need not be discussed.

SENTENCE QUASHED; REMANDED.

COBB and SHARP, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was convicted of second degree murder after he pleaded guilty. Because the crime of which appellant was convicted occurred after October 1,1983, the sentencing guidelines are applicable and the court must impose a guideline sentence. The appellant cannot waive this requirement. Williams v. State, 500 So.2d 501 (Fla.1986). If a departure from the guidelines is warranted then the sentencing judge must clearly state, in writing, the reasons for the departure. State v. Jackson, 478 So.2d 1054 (Fla.1985). The state has conceded the court erred in retaining jurisdiction over appellant’s parole, so that error need not be discussed.

SENTENCE QUASHED; REMANDED.

COBB and SHARP, JJ., concur.

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Bluebook (online)

501 So. 2d 721, 12 Fla. L. Weekly 389, 1987 Fla. App. LEXIS 6503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-state-fladistctapp-1987.

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