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State v. Stone

617 So. 2d 355, 1993 Fla. App. LEXIS 4143, 1993 WL 113315
CourtDistrict Court of Appeal of Florida
DecidedApril 14, 1993
DocketNo. 91-3142
StatusPublished

This text of 617 So. 2d 355 (State v. Stone) 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. Stone, 617 So. 2d 355, 1993 Fla. App. LEXIS 4143, 1993 WL 113315 (Fla. Ct. App. 1993).

Opinions

PER CURIAM.

We affirm the entry of Stone’s downward departure sentence because the court status report was a sufficient contemporaneous writing, which listed the trial court’s reasons for departure. State v. Salley, 601 So.2d 309 (Fla. 4th DCA 1992). Because we conclude that the trial court entered contemporaneous written reasons for departure, we do not need to address Stone’s ineffective assistance of counsel claim, which arises from this issue. The trial court, however, erred in sentencing Stone to community control pursuant to section 948.01(10), Florida Statutes (1991). State v. Burgos, 613 So.2d 588 (Fla. 4th DCA 1993). Accordingly, Stone’s senten -e is reversed and remanded.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

GUNTHER, J., concurs. [356]*356STONE, J., concurs specially with opinion. OWEN, WILLIAM C., Jr., Senior Judge, dissents with opinion.

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Related

Herrin v. State
568 So. 2d 920 (Supreme Court of Florida, 1990)
Wilkerson v. State
513 So. 2d 664 (Supreme Court of Florida, 1987)
State v. Salley
601 So. 2d 309 (District Court of Appeal of Florida, 1992)
Pope v. State
561 So. 2d 554 (Supreme Court of Florida, 1990)
State v. Jackson
478 So. 2d 1054 (Supreme Court of Florida, 1985)
Barbera v. State
505 So. 2d 413 (Supreme Court of Florida, 1987)
State v. Burgos
613 So. 2d 588 (District Court of Appeal of Florida, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
617 So. 2d 355, 1993 Fla. App. LEXIS 4143, 1993 WL 113315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stone-fladistctapp-1993.