Limback v. State

District Court of Appeal of Florida

Limback v. State

590 So. 2d 1132, 1992 Fla. App. LEXIS 202, 1992 WL 278

District Court of Appeal of Florida·Decided January 3, 1992·No. No. 90-2032·Published

Opinion

LETTS, Judge.

This is the second time this case has come before us. Limback v. State, 558 So.2d 542 (Fla. 4th DCA 1990). On the first occasion, we reversed for failure to enunciate written reasons for sentencing departure. See Ree v. State, 565 So.2d 1329 (Fla.1990). On this second occasion, we must reverse again. This time the court again departed and imposed the same sentence as before, but provided written reasons. However, our supreme court has decreed that such cannot be done. On remand, there is no possibility of departure from the guidelines. Robinson v. State, 571 So.2d 429 (Fla.1990).

REVERSED.

ANSTEAD, J., and FRANK, RICHARD H., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

LETTS, Judge.

This is the second time this case has come before us. Limback v. State, 558 So.2d 542 (Fla. 4th DCA 1990). On the first occasion, we reversed for failure to enunciate written reasons for sentencing departure. See Ree v. State, 565 So.2d 1329 (Fla.1990). On this second occasion, we must reverse again. This time the court again departed and imposed the same sentence as before, but provided written reasons. However, our supreme court has decreed that such cannot be done. On remand, there is no possibility of departure from the guidelines. Robinson v. State, 571 So.2d 429 (Fla.1990).

REVERSED.

ANSTEAD, J., and FRANK, RICHARD H., Associate Judge, concur.

Limback v. State, 590 So. 2d 1132, 1992 Fla. App. LEXIS 202, 1992 WL 278 (Fla. Ct. App. 1992).

Pincite

590 So. 2d 1132 (Limback v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related