State v. Bruner

District Court of Appeal of Florida

State v. Bruner

503 So. 2d 457, 12 Fla. L. Weekly 721, 1987 Fla. App. LEXIS 7141

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 1987

DocketNo. 86-1403

StatusPublished

Cited by1 cases

This text of 503 So. 2d 457 (State v. Bruner) 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

State v. Bruner, 503 So. 2d 457, 12 Fla. L. Weekly 721, 1987 Fla. App. LEXIS 7141 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The state appeals from an order of the trial court placing appellant on probation. The recommended guidelines sentence was twelve to thirty months in jail or community control. The order of the court, therefore, constituted a downward departure from the recommended guidelines range. Although reasons for departure appear in the record, the court did not prepare a written statement setting forth its reasons for departure as required by State v. Jackson, 478 So.2d 1054 (Fla.1985); Hendrix v. State, 475 So.2d 1218 (Fla.1985); Fla.R.Crim.P. 3.701(d)(11).

Accordingly, we reverse and remand for the trial court to enter written reasons for its departure.

DANAHY, C.J., and SCHEB and SCHOONOVER, JJ., concur.

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PER CURIAM.

The state appeals from an order of the trial court placing appellant on probation. The recommended guidelines sentence was twelve to thirty months in jail or community control. The order of the court, therefore, constituted a downward departure from the recommended guidelines range. Although reasons for departure appear in the record, the court did not prepare a written statement setting forth its reasons for departure as required by State v. Jackson, 478 So.2d 1054 (Fla.1985); Hendrix v. State, 475 So.2d 1218 (Fla.1985); Fla.R.Crim.P. 3.701(d)(11).

Accordingly, we reverse and remand for the trial court to enter written reasons for its departure.

DANAHY, C.J., and SCHEB and SCHOONOVER, JJ., concur.

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Bluebook (online)

503 So. 2d 457, 12 Fla. L. Weekly 721, 1987 Fla. App. LEXIS 7141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bruner-fladistctapp-1987.

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