Ingram v. State

District Court of Appeal of Florida

Ingram v. State

481 So. 2d 1006

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1986

DocketNo. 85-372

StatusPublished

This text of 481 So. 2d 1006 (Ingram 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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Ingram v. State, 481 So. 2d 1006 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Defendant’s conviction is affirmed, but the sentence is vacated because of the trial court’s failure to provide written justification for its departure from the presumptive sentence. See Rule 3.701(b)(6), Fla.R. Crim.P.; State v. Jackson, 478 So.2d 1054 (Fla.1985); Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), aff'd, 478 So.2d 351 (Fla.1985). On remand, we respectfully direct the trial court’s attention to Hendrix v. State, 475 So.2d 1218 (Fla.1985) (inappropriate considerations for departure); and Jenkins v. State, 444 So.2d 947 (Fla.1984) (notice required prior to imposition of costs).

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

HERSEY, C.J., and GLICKSTEIN and HURLEY, JJ., concur.

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PER CURIAM.

Defendant’s conviction is affirmed, but the sentence is vacated because of the trial court’s failure to provide written justification for its departure from the presumptive sentence. See Rule 3.701(b)(6), Fla.R. Crim.P.; State v. Jackson, 478 So.2d 1054 (Fla.1985); Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), aff'd, 478 So.2d 351 (Fla.1985). On remand, we respectfully direct the trial court’s attention to Hendrix v. State, 475 So.2d 1218 (Fla.1985) (inappropriate considerations for departure); and Jenkins v. State, 444 So.2d 947 (Fla.1984) (notice required prior to imposition of costs).

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

HERSEY, C.J., and GLICKSTEIN and HURLEY, JJ., concur.

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481 So. 2d 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingram-v-state-fladistctapp-1986.

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