State v. Davis

District Court of Appeal of Florida

State v. Davis

579 So. 2d 375, 1991 Fla. App. LEXIS 4614, 1991 WL 76523

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1991

DocketNo. 90-2631

StatusPublished

Cited by1 cases

This text of 579 So. 2d 375 (State v. Davis) 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. Davis, 579 So. 2d 375, 1991 Fla. App. LEXIS 4614, 1991 WL 76523 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The state challenges the trial court’s imposition of a sentence below the recommended guidelines. The trial court gave oral reasons but failed to reduce them to writing. Because the court failed to give written reasons, we must reverse for entry of a sentence within the guidelines range. This is the holding of Pope v. State, 561 So.2d 554 (Fla.1990) which we are required to follow, especially since Pope specifically receded from that portion of Barbera v. State, 505 So.2d 413 (Fla.1987) which on remand had permitted the trial court to provide written reasons for a downward departure sentence when none had been prepared at the initial sentencing. Parenthetically, the orally announced reason for departing downward from the guidelines sentence in this case was the same as in Barbera.

Reversed and remanded.

GLICKSTEIN, WARNER and GARRETT, JJ., concur.

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PER CURIAM.

The state challenges the trial court’s imposition of a sentence below the recommended guidelines. The trial court gave oral reasons but failed to reduce them to writing. Because the court failed to give written reasons, we must reverse for entry of a sentence within the guidelines range. This is the holding of Pope v. State, 561 So.2d 554 (Fla.1990) which we are required to follow, especially since Pope specifically receded from that portion of Barbera v. State, 505 So.2d 413 (Fla.1987) which on remand had permitted the trial court to provide written reasons for a downward departure sentence when none had been prepared at the initial sentencing. Parenthetically, the orally announced reason for departing downward from the guidelines sentence in this case was the same as in Barbera.

Reversed and remanded.

GLICKSTEIN, WARNER and GARRETT, JJ., concur.

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Bluebook (online)

579 So. 2d 375, 1991 Fla. App. LEXIS 4614, 1991 WL 76523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-fladistctapp-1991.

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