State v. Daughtry

District Court of Appeal of Florida

State v. Daughtry

487 So. 2d 1184, 11 Fla. L. Weekly 993, 1986 Fla. App. LEXIS 11495

District Court of Appeal of Florida·Decided April 30, 1986·No. No. 85-1208·Published·Cited by 1 cases

Opinion

GUNTHER, Judge.

The State appeals a downward departure from the guidelines sentence. We affirm the conviction but reverse the sentence.

Appellee’s scoresheet recommended a sentence of 12 to 17 years’ incarceration. The trial court departed from the sentencing guidelines and sentenced appellee to five years’ incarceration followed by a period of probation. Rather than supplement the sentence with written reasons for departure, the trial court chose to embody its reasons for departure in the sentencing hearing transcripts. This procedure, however, was expressly rejected by the supreme court in State v. Jackson, 478 So.2d 1054 (Fla.1985). See also Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), approved, 478 So.2d 351 (Fla.1985), cert. denied, - U.S. -, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).

Accordingly, we vacate the sentence and remand the cause for resentencing in accordance with the dictates of Jackson and Boynton.

HERSEY, C.J., concurs. WALDEN, J., dissents without opinion.

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

GUNTHER, Judge.

The State appeals a downward departure from the guidelines sentence. We affirm the conviction but reverse the sentence.

Appellee’s scoresheet recommended a sentence of 12 to 17 years’ incarceration. The trial court departed from the sentencing guidelines and sentenced appellee to five years’ incarceration followed by a period of probation. Rather than supplement the sentence with written reasons for departure, the trial court chose to embody its reasons for departure in the sentencing hearing transcripts. This procedure, however, was expressly rejected by the supreme court in State v. Jackson, 478 So.2d 1054 (Fla.1985). See also Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), approved, 478 So.2d 351 (Fla.1985), cert. denied, - U.S. -, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).

Accordingly, we vacate the sentence and remand the cause for resentencing in accordance with the dictates of Jackson and Boynton.

HERSEY, C.J., concurs. WALDEN, J., dissents without opinion.

State v. Daughtry, 487 So. 2d 1184, 11 Fla. L. Weekly 993, 1986 Fla. App. LEXIS 11495 (Fla. Ct. App. 1986).

Pincite

487 So. 2d 1184 (State v. Daughtry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related