Forman v. State

District Court of Appeal of Florida

Forman v. State

774 So. 2d 739, 2000 Fla. App. LEXIS 13887, 2000 WL 1629333

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 2000

DocketNo. 2D99-4561

StatusPublished

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This text of 774 So. 2d 739 (Forman 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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Forman v. State, 774 So. 2d 739, 2000 Fla. App. LEXIS 13887, 2000 WL 1629333 (Fla. Ct. App. 2000).

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Opinion

WHATLEY, Judge.

Neil Stewart Forman appeals his convictions and sentences for attempted first-degree murder, burglary with assault or battery, and battery. We affirm his convictions without discussion. However, we reverse and remand his sentences for re-sentencing pursuant to the guidelines.

The State properly concedes that For-man’s sentences must be reversed because he received upward departure sentences and no written reasons for the departure are contained in the record. See Maddox v. State, 760 So.2d 89 (Fla.2000). Therefore, we reverse Forman’s sentences and remand for resentencing pursuant to the guidelines. See Edwards v. State, 770 So.2d 179, 180 (Fla. 1st DCA 2000) (“[A] departure sentence for which no written reasons were filed must be reversed and be remanded for resentencing under the guidelines.”).

Convictions affirmed, sentences reversed and remanded with directions.

PARKER, A.C.J., and FULMER, J., Concur.

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WHATLEY, Judge.

Neil Stewart Forman appeals his convictions and sentences for attempted first-degree murder, burglary with assault or battery, and battery. We affirm his convictions without discussion. However, we reverse and remand his sentences for re-sentencing pursuant to the guidelines.

The State properly concedes that For-man’s sentences must be reversed because he received upward departure sentences and no written reasons for the departure are contained in the record. See Maddox v. State, 760 So.2d 89 (Fla.2000). Therefore, we reverse Forman’s sentences and remand for resentencing pursuant to the guidelines. See Edwards v. State, 770 So.2d 179, 180 (Fla. 1st DCA 2000) (“[A] departure sentence for which no written reasons were filed must be reversed and be remanded for resentencing under the guidelines.”).

Convictions affirmed, sentences reversed and remanded with directions.

PARKER, A.C.J., and FULMER, J., Concur.

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774 So. 2d 739, 2000 Fla. App. LEXIS 13887, 2000 WL 1629333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forman-v-state-fladistctapp-2000.

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