Perry v. State

District Court of Appeal of Florida

Perry v. State

673 So. 2d 557, 1996 Fla. App. LEXIS 5441, 1996 WL 263409

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1996

DocketNo. 95-4628

StatusPublished

Cited by2 cases

This text of 673 So. 2d 557 (Perry 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

Perry v. State, 673 So. 2d 557, 1996 Fla. App. LEXIS 5441, 1996 WL 263409 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

Appellant raises two issues for our review. We affirm the first issue without further discussion. We reverse and remand for re-sentencing on the second issue.

Appellant was convicted of possession of cocaine and sentenced under the 1994 guidelines to one year in county jail followed by two years on community control based on a guidelines scoresheet total of 34 points. As we explained in our opinion in Simmons v. State, 668 So.2d 654 (Fla. 1st DCA 1996), the trial court has imposed a departure sentence without written reasons. Accordingly, we remand for resentencing. We also certify the same question that we certified in Simmons:

IS THE RULE IN DAVIS v. STATE, 630 So.2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?

MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.

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