Kerr v. State

District Court of Appeal of Florida

Kerr v. State

637 So. 2d 340, 1994 Fla. App. LEXIS 5011, 1994 WL 209034

District Court of Appeal of Florida·Decided May 25, 1994·No. No. 92-02577·Published

Opinion

PER CURIAM.

In sentencing the appellant for second-degree murder and possession of a short-barrelled shotgun, the trial court orally stated reasons for departing from the guidelines. Because the trial court filed no written reasons for departure, we must reverse and “remand for resentencing with no possibility of departure from the guidelines.” King v. State, 623 So.2d 486, 489 (Fla.1993) (quoting Pope v. State, 561 So.2d 554, 556 (Fla.1990)).

Reversed and remanded.

DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.

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PER CURIAM.

In sentencing the appellant for second-degree murder and possession of a short-barrelled shotgun, the trial court orally stated reasons for departing from the guidelines. Because the trial court filed no written reasons for departure, we must reverse and “remand for resentencing with no possibility of departure from the guidelines.” King v. State, 623 So.2d 486, 489 (Fla.1993) (quoting Pope v. State, 561 So.2d 554, 556 (Fla.1990)).

Reversed and remanded.

DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.

Kerr v. State, 637 So. 2d 340, 1994 Fla. App. LEXIS 5011, 1994 WL 209034 (Fla. Ct. App. 1994).

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Opinion

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