State v. Marsh

District Court of Appeal of Florida

State v. Marsh

687 So. 2d 366, 1997 Fla. App. LEXIS 996, 1997 WL 55699

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1997

DocketNo. 96-0409

StatusPublished

Cited by1 cases

This text of 687 So. 2d 366 (State v. Marsh) 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. Marsh, 687 So. 2d 366, 1997 Fla. App. LEXIS 996, 1997 WL 55699 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We reverse appellee’s downward departure sentence because the trial court failed to give written reasons. It cannot be determined from the record whether the trial court was aware that it was imposing a departure sentence. Accordingly, on remand, the trial court will not be precluded from imposing a departure sentence so long as valid written reasons are set forth. McGowan v. State, 648 So.2d 1225 (Fla. 4th DCA 1995).

DELL, FARMER and KLEIN, JJ., concur.

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PER CURIAM.

We reverse appellee’s downward departure sentence because the trial court failed to give written reasons. It cannot be determined from the record whether the trial court was aware that it was imposing a departure sentence. Accordingly, on remand, the trial court will not be precluded from imposing a departure sentence so long as valid written reasons are set forth. McGowan v. State, 648 So.2d 1225 (Fla. 4th DCA 1995).

DELL, FARMER and KLEIN, JJ., concur.

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687 So. 2d 366, 1997 Fla. App. LEXIS 996, 1997 WL 55699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marsh-fladistctapp-1997.

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