State v. Clark

District Court of Appeal of Florida

State v. Clark

912 So. 2d 348, 2005 Fla. App. LEXIS 15761, 2005 WL 2447862

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 2005

DocketNo. 3D04-2088

StatusPublished

This text of 912 So. 2d 348 (State v. Clark) 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. Clark, 912 So. 2d 348, 2005 Fla. App. LEXIS 15761, 2005 WL 2447862 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

The State appeals the trial court’s downward departure from the sentencing guidelines, arguing that the trial court gave no written or oral reasons for the departure.¹ Our search of the record reveals no written or oral reason for the downward departure. Accordingly we conclude that the departure is reversible error. Banks v. State, 732 So.2d 1065 (Fla.1999).

Accordingly Clark’s sentence is reversed and the cause is remanded to present Clark with the opportunity to withdraw his plea.

Reversed and remanded.

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PER CURIAM.

The State appeals the trial court’s downward departure from the sentencing guidelines, arguing that the trial court gave no written or oral reasons for the departure.¹ Our search of the record reveals no written or oral reason for the downward departure. Accordingly we conclude that the departure is reversible error. Banks v. State, 732 So.2d 1065 (Fla.1999).

Accordingly Clark’s sentence is reversed and the cause is remanded to present Clark with the opportunity to withdraw his plea.

Reversed and remanded.

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Bluebook (online)

912 So. 2d 348, 2005 Fla. App. LEXIS 15761, 2005 WL 2447862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clark-fladistctapp-2005.

Opinion

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