State v. Dunn
This text of 970 So. 2d 922 (State v. Dunn) 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.
Opinion
STATE of Florida, Appellant,
v.
Kelvin L. DUNN, Appellee.
District Court of Appeal of Florida, First District.
Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellant.
Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.
PER CURIAM.
Because the trial court failed to make any written or oral findings to support the downward departure sentence, the sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the trial court wishes to depart downward from the lowest permissible sentence indicated on the Criminal Punishment Code scoresheet, under section 921.00265(2), Florida Statutes, it must announce on the record a valid reason for so doing. State v. Carlson, 911 So.2d 234 (Fla. 2d DCA 2005); State v. Marshall, 869 So.2d 754 (Fla. 5th DCA 2004).
BARFIELD, WOLF, and HAWKES, JJ., concur.
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970 So. 2d 922, 2007 WL 4561580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dunn-fladistctapp-2007.