Home/District Court of Appeal of Florida/State v. Perry

State v. Perry

642 So. 2d 147, 1994 Fla. App. LEXIS 9020, 1994 WL 511234
CourtDistrict Court of Appeal of Florida
DecidedSeptember 21, 1994
DocketNo. 94-994
StatusPublished

This text of 642 So. 2d 147 (State v. Perry) 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. Perry, 642 So. 2d 147, 1994 Fla. App. LEXIS 9020, 1994 WL 511234 (Fla. Ct. App. 1994).

Opinion

PER CURIAM.

The state appeals the trial court’s sentence departing downward from sentencing guidelines. We reverse the sentence. The trial court did not provide contemporaneous written reasons for its departure sentence, Owens v. State, 598 So.2d 64 (Fla.1990); Pope v. State, 561 So.2d 554 (Fla.1990), and its oral pronouncement is not a valid reason for downward departure. Herrin v. State, 568 So.2d 920 (Fla.1990) (substance abuse alone insufficient reason for guidelines departure). Thus, its downward departure sentence is an abuse of discretion.

The sentence is reversed and the ease remanded for resentencing.

Sentence reversed and remanded.

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

Related

Herrin v. State
568 So. 2d 920 (Supreme Court of Florida, 1990)
Owens v. State
598 So. 2d 64 (Supreme Court of Florida, 1992)
Pope v. State
561 So. 2d 554 (Supreme Court of Florida, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
642 So. 2d 147, 1994 Fla. App. LEXIS 9020, 1994 WL 511234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perry-fladistctapp-1994.