Snedeker v. State

District Court of Appeal of Florida

Snedeker v. State

579 So. 2d 407, 1991 Fla. App. LEXIS 5098, 1991 WL 83756

CourtDistrict Court of Appeal of Florida

DecidedMay 23, 1991

DocketNo. 90-1725

StatusPublished

This text of 579 So. 2d 407 (Snedeker 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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Snedeker v. State, 579 So. 2d 407, 1991 Fla. App. LEXIS 5098, 1991 WL 83756 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Snedeker appeals from his sentence of one year in the county jail followed by 24 months on community control. The applicable sentencing guideline brackets, including the “permitted range,” do not permit such a sentence pursuant to State v. Van-Kooten, 522 So.2d 830 (Fla.1988) and Burgess v. State, 569 So.2d 829 (Fla. 5th DCA 1990). The record reflects that the trial judge was aware that he was exceeding the sentencing guidelines and that no written reasons for the departure were provided. Accordingly, we quash the sentence and remand for resentencing within the guidelines’ applicable or permitted ranges.

QUASH SENTENCE; REMAND.

W. SHARP, GOSHORN and PETERSON, JJ., concur.

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PER CURIAM.

Snedeker appeals from his sentence of one year in the county jail followed by 24 months on community control. The applicable sentencing guideline brackets, including the “permitted range,” do not permit such a sentence pursuant to State v. Van-Kooten, 522 So.2d 830 (Fla.1988) and Burgess v. State, 569 So.2d 829 (Fla. 5th DCA 1990). The record reflects that the trial judge was aware that he was exceeding the sentencing guidelines and that no written reasons for the departure were provided. Accordingly, we quash the sentence and remand for resentencing within the guidelines’ applicable or permitted ranges.

QUASH SENTENCE; REMAND.

W. SHARP, GOSHORN and PETERSON, JJ., concur.

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579 So. 2d 407, 1991 Fla. App. LEXIS 5098, 1991 WL 83756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snedeker-v-state-fladistctapp-1991.

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